The Government approves the Film and Audiovisual Culture Bill

The Council of Ministers, on the proposal of the First Vice-President and Minister of Economic Affairs and Digital Transformation, Nadia Calviño, and the Minister of Culture and Sport, Miquel Iceta, has agreed to refer the Film and Audiovisual Culture Bill to the General Courts, as well as to request its parliamentary processing through the urgent procedure. The regulation, which is contemplated within the ‘Spain Plan, Audiovisual Hub of Europe’, aims to promote and encourage the production, distribution and exhibition of audiovisual works; in addition to establishing conditions that favor their creation and promotion, as well as measures for the protection and diffusion of the Spanish cinematographic and audiovisual heritage.

The main objective is to strengthen the entire value chain of the creative and industrial fabric, with special attention to independent sectors as essential elements of cultural diversity. It also seeks to support authors and authors, and the full exercise of intellectual property rights. It also aims to promote mechanisms that improve the competitiveness of companies and professionals in the international environment.

It also intends to guarantee the protection of competition in the audiovisual market, the transparency of information on attendance and viewing of audiovisual works, as well as the proper exercise of intellectual property rights by their owners. It addresses the protection of the cinematographic and audiovisual heritage in a broader way and in accordance with the Commission Recommendation of 27 October 2011 on the digitisation and online accessibility of cultural material and digital preservation.

To this end, the regulation adapts to the profound advances and transformations that the sector has experienced since the current law came into force in 2007, aligning itself with European regulations in this field. In this period, new content and services of distribution, exploitation and diffusion have been incorporated, typical of a global market and of a society characterized by culture and the digital economy. In the title of the law, the concept of ‘audiovisual culture’ has been incorporated alongside that of ‘cinema’, understanding that cinematographic activity and audiovisual activity constitute a unit that integrates the specificities of the different means of exploitation and dissemination of audiovisual works. Therefore, the intention to extend the field of normative action to the audiovisual as a whole is recorded in the title, without prejudice to the fact that the cinematographic activity continues to maintain a special level of attention and protection.

In order to ensure the sustainability and suitability of the film and audiovisual culture sector for today’s transformations, the Council of Ministers considers it necessary to adopt and enter into force as quickly as possible. Thus, the future law adapts to the new dynamics of the audiovisual sector, creating instruments that respond to the needs, advances and challenges of creators, industry and publics. This Law, together with the General Audiovisual Communication Law, are reforms included in the Recovery, Transformation and Resilience Plan whose objective is to strengthen the business fabric, improve the investment climate and consolidate Spain as an audiovisual investment platform and an exporting country of audiovisual products.

Commitment to independent production

The Act seeks to support and promote cultural diversity, essential for a rich, differentiated and globally competitive audiovisual ecosystem. In this sense, the draft law stands out for its commitment to independent sectors and creative autonomy, and maintains the definition of independent producer called for by the sector. The definition applies to the audiovisual promotion measures contained in the text, which also emphasises that the allocation of the calls for aid will be mainly intended for independent producers, and not for the obligations contained in the Audiovisual Communication Law.

In general, the draft Act underlines the need for public support to promote all aspects of the audiovisual sector. It is considered necessary to support all the phases of creation and promotion of a project (writing, development, pre-production, distribution…), as well as to support exhibition; internationalization; organization of festivals, prizes, markets and professional events; research projects, film and audiovisual literacy and audience creation; training activities; new formats, new technologies and marketing activities. R&D; or the preservation of heritage.

Also as a novelty, the Law considers that the Film and Audiovisual Protection Fund will always reserve a significant percentage of its exclusive allocation for the cinematographic activity, although it includes other audiovisual forms, such as series.

Diversity, equality and accessibility

The promotion of cinematography and audiovisual works in official languages other than Spanish is extended to the languages recognized by the Constitution CC.AA. The recognition of Spanish nationality includes not only the official languages, but also for the first time, these languages, as well as the legally recognized languages of Spanish signs. It also includes, as a requirement to obtain nationality, respect for the jurisdiction and Spanish legislation on intellectual property.

With regard to support for cinemas, all cinemas will be able to access support for the exhibition, although special attention will be paid to independent cinemas or cinemas in rural areas.

The draft law pays special attention to real equality between men and women, through specific reserves in the appropriations of the various aid lines. For example, the reservation of 35% of the production aid allocation reserved for women through the aid orders now becomes an obligation contained in the Law that all production aid must comply with. Additionally, it is included that the ICAA Through the Spanish Film Archive, it will adopt initiatives aimed at making visible the production and role of women in the Spanish cinematographic and audiovisual heritage.

The screen share (the percentage that the exhibitors have to reserve to national and European cinema) is also maintained: it goes from 25% to 20%, and includes Latin American cinema and cinema directed by women.

In its commitment to a universal, egalitarian and accessible cinema and audiovisual, the Law especially protects groups with difficulties of access by discap