This is the draft of the new law of cinema and audiovisual culture

The master lines of the preliminary draft of the law of cinema and audiovisual culture, approved in the Council of Ministers of February 15.

The New Cinema Law It is presented as a text that "strengthens" the Spanish industries both nationally as internationally "Adapting the regulations" to the advances and transformations that the sector has experienced in recent years.

Since 2007, when current law entered into force, and especially in recent years, the value chain has experienced deep changes. They have been incorporated new content and distribution, exploitation and dissemination services, typical of a global market and a society characterized by culture and digital economy. Thus, the future law seeks to adapt to New dynamics of the audiovisual sector, creating instruments that respond to the needs, advances and challenges of creators, industry and public.

This law, together with the General Audiovisual Communication Law, are reforms included in the Recovery, transformation and resilience (PRTR) plan. After the round of contacts with representatives of the sector, the rule will return to the Council of Ministers and It will begin its parliamentary process as a bill.

The five pillars of the Cinema Law

The norm is based on five principles: Strengthening and supporting any value chain, he support for creation processes For the sake of freedom, independence and creative autonomy, Adaptation to new technologies and consumption habits, the Defense of competition and the value of audiovisual heritage.

Among the main novelties, the Expansion of aid calls to the entire value chain of the audiovisual sector, support for the international promotion of the entire audiovisual, "Not only movies", and the protection of heritage. Hence the new denomination of the law, which adds The concept of audiovisual culture to cinema. The flexibility and clarification of the requirements to obtain the Spanish nationality of the works are also included. It is a novelty "in favor of creativity", by eliminating obstacles that the requirements of the current law suppose to creation.

Miquel Iceta, Minister of Culture and Sports, has presented the keys to the norm and He has defended the subsidy policy that has accompanied the sector in recent years: "You always try to minimize the role of culture, saying that it is a subsidized sector of four privileged. Nothing is further from reality, they are our pride and they are a very important value added to our culture and to our heritage."

Protection of heritage

In the new Law of Cinema and Audiovisual Culture The importance of the Protection and dissemination of cinematographic and audiovisual heritage, understanding that the future also goes through the correct conservation and dissemination of the audiovisual legacy of the generations that preceded us and the forecast to incorporate new productions into said legacy in the best way. It is addressed in a broader way, according to the recommendation of the commission of October 27, 2011, on the Digitization and accessibility Online of cultural material and digital preservation.

Among the novelties in this regard, the Spanish film library as a good of cultural interest (BIC). Thus, both its facilities and its contents, obtain special protection. Additionally, they are created Aid lines aimed at the protection of audiovisual heritage. In addition, innovative policies are collected addressed both to Access of people with disabilities to audiovisual content, as to the inclusion of them in the jobs of the companies benefiting from aid. Thus, it is established by law The incorporation of accessibility systems as a requirement to access feature films and distribution.

On the other hand, a system of Corregulation for age rating, similar to that established for audiovisual contents in the field of television, linear or request audiovisual communication services, in order to configure a more coherent and flexible system and that will be adopted in cooperation with the National Commission of Markets and Competition (CNMC), companies providing audiovisual communication services and producing companies, distributors and exhibitors affected.

State Council and Strategic Plan

The new norm contemplates the creation of the State Council of Cinematography and Audiovisual Culture. Its objective is dialogue, communication and cooperation in the field of cinematography and audiovisual culture among all those involved, including autonomous communities, public administrations and the sector. The Council will address public policies, audiovisual or heritage literacy, among others.

In the same way, the obligation to Prepare and publish a strategic plan for cinematography and audiovisual culture every 4 years, as well as annual reports on the promoted measures and their results and statistics and studies on the activity of the sector that are deemed necessary and of interest to citizens.

The objective of the law is last in time. Therefore, it leaves the subsequent development of several normative details open, so that they can adapt year after year without changing the law. The law determines that these are aligned with the European criteria regarding state aid and with the strategic lines of the program Media from Creative Europe. In this way, they are modernized to adapt to the reality of the audiovisual and support creation in all its phases, and the promotion both inside and outside Spain.

More specific aids

The aid of the new law of cinema and audiovisual culture seeks to support the strengthening of the entire value chain (not only production, understanding audiovisual in all its wealth and diversity), and is incorporated into international promotion all audiovisual as a whole, and not just cinema.

Among other novelties, it incorporates the need for help to value transversely in all their calls The promotion of gender equality, sustainability and environmental impact, the contribution to the digital transition and the Incorporation of universal accessibility measures.

It also extends the field of possible aid and subsidies with new calls, such as those aimed at audiovisual heritage, to development or training laboratories, among others. New aids are also created to promote diversity through Distribution of difficult diffusion films in alternative spaces or on the Internet and Aid to international distribution.

A strategic sector

The audiovisual and cinematographic sector is one of the levers of the Recovery, transformation and resilience (PRTR) that, in addition to regulatory reforms, contemplates among its objectives to increase audiovisual production in Spain by 30%. To do this, the mobilization of 1,603 million euros and reinforce the positioning of Spain as an audiovisual of Europe. In the framework of action of the España Audiovisual Plan (Spain Avs Hub), a single window has been launched through ICEX, Spain Audiovisual Bureau, endowed with 20 million euros, to accompany Spanish audiovisual companies in their internationalization, as well as foreign companies that wish to shoot in Spain. In this line, the project has also been launched Spanish Screening XXL, with an endowment of 4.8 million euros to expand the contents and attract investors in the festivals of Malaga and San Sebastián and develop a virtual promotion and business platform.

Likewise, the aid to the sector that will convene the Ministry of Culture and Sports will also be reinforced this year with the European funds, until reaching a total of 101.7 million euros. Specifically, there will be 22.9 million euros from the recovery, transformation and resilience (PRTR) plan that will be used to support cinema and audiovisual, distributed among the new “aids for laboratories and incubators for the creation and development of audiovisual projects” (9 million euros), “aid to international distribution” (3 million euros), “aids to participation in international audiovisual events” (500.00 euros) and Spanish Screenings XXL (2.05 million euros).

Funds also contribute to reinforce some existing aid: 8 million euros for “feature of feature films” (of a total of 68 million euros), with the aim of promoting both the works directed by women and animation, for their technological and digital content; and 350,000 euros for the digitalization and sustainability of the festivals in the "aid to the organization of festivals" (of a total of 1,355 million euros). To the different aid programs other investments are added charged to the funds of the recovery mechanism such as the application of data analysis, the development of a new line for digital creation in Ibermedia or the development of an audiovisual content platform.