The main novelty of the preliminary draft of the Law on cinema and audiovisual culture that the Government has just presented is precisely the addition of the second part, which defines it from a broader context than that provided for in the current legislation, of 2007. the same text of the regulations that will now initiate a round of contacts with industry representatives to return to the Council of Ministers later, it is recognized that, “given the scope of the changes, it is essential to have a regulatory framework that understands the new dynamics.” The changes refer, basically, to the irruption of the platforms in streaming and new consumption models, from the boom of series to channels and premiere windows other than the usual screening rooms. The law recognizes that “the cinematographic activity and the audiovisual activity constitute a unit”, and acts accordingly, with the aim of protecting the industries of the sector both nationally and internationally and with the idea of aligning with European regulations, which insists in promoting a notable percentage, both of production and own exhibition, to face the Anglo-Saxon influence. A double approach, of economic and cultural protection, which should also be present in the case of Spain with regard to Spanish cultural diversity.
Before the pandemic, Spanish cinema enjoyed a market share of 25%, which has now been reduced to 16% and, despite the fact that the health situation improved in 2021, the total figure collected was practically the same as in the previous year. last year
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The world of cinema is one of the most affected by the impact of the pandemic. Although this future legislation is planned from a long distance, with the promise of specifics in different regulations that have to update scenarios that are yet to be drawn, the truth is that the recent figures are not at all encouraging. Before the pandemic, Spanish cinema enjoyed a market share of 25%, which has now been reduced to 16% and, despite the fact that the health situation improved in 2021, the total figure raised (about 40 million) was practically the same as in the previous year.
The new legislation, by itself, cannot deal with this decrease, but it can mark a policy of certain protectionism within the limits set by the single market, in line with the other important law in the sector, the Law General of Audiovisual Communication, already in parliamentary process. They both contain obligations aimed at the large platforms, such as sharing their audience figures or reserving a percentage of their income (5%) for national production. In addition, aid to the sector is estimated, according to the Ministry of Culture, at 101.7 million euros (compared to 70 the previous year), with income from European recovery funds, and with subsidies distributed this time among the different actors of the audiovisual world. At the same time, the law affects support for the so-called indie movies, which receives an accolade with specific incentives and the promotion of multilateral projects, a detail that, as Isaki Lacuesta recalled a few days ago at the Berlinale, is decisive for being equal to European standards that can only be achieved “through international co-productions”.
The preliminary draft also places emphasis on the different links in the chain, on promoting the protection and dissemination of film heritage, in the incentive of theaters that program films far from the big ones majorsin the strengthening of social policies of sustainability and promotion of equality, and in the necessary dialogue with those affected through a confluence body such as the State Council of Cinematography and Audiovisual Culture.
Cinema is culture and identity. In a globalized world, strengthening these two areas with a consistent legal framework and future projection was a necessary and unavoidable step.
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