Lula sanctions quota laws in cinema and pay TV

President Luiz Inácio Lula da Silva sanctioned this Monday (15) two laws approved in the National Congress for the country's audiovisual sector. One of them recreates the screen quota for the exhibition of Brazilian films in cinemas and the other reestablishes the period for mandatory exhibition of national audiovisual works in the programming of pay TV packages.

Movie theater

In the case of the cinema screen quota for Brazilian films, the deadline was extended until 2033, according to bill (PL) 5,497/19, approved in December last year by the Senate, after having passed through the Chamber of Deputies. There were no vetoes in the sanction. It will be up to the National Cinema Agency (Ancine) to define, annually, the minimum number of sessions and works to be shown, taking into account diversity, national culture and universal access. Failure to comply with the measure may result in warnings and the payment of fines to exhibitors.

The screen quota had ended in 2021, after being in force for 20 years, as predicted by the Provisional Measure (MP) 2,228-1/2001, published during the government of former president Fernando Henrique Cardoso. Although it was made official by the 2001 MP, the screen quota has its origins in initiatives adopted in the 1930s, when the Brazilian government published a first decree to protect Brazilian cinema – taking similar initiatives from other countries as an example.

Television

The quota for national programming on pay TV channels had lost its validity last year, but was renewed until 2038. According to PL 3,696/2023, approved by parliamentarians and sanctioned without vetoes by the president, foreign channels are obliged to show at least 3 hours and 30 minutes per week of Brazilian productions in prime time, a time range that goes from 6 pm to midnight. Of this total, at least 1 hour and 15 minutes must be content produced by an independent producer. For Brazilian channels, the law determines the display of 12 hours a day of national content, made by a local producer. Of these 12 hours, three must be broadcast during prime time.

Quotas in streaming

The government also informed that the next action will be the approval of a national production quota on streamingwhich already dominate the audiovisual market in the country, in addition to charging the Contribution for the Development of the National Cinematographic Industry (Condecine) on these platforms.

“This is one of the priority agendas of Brazilian audiovisual, and one of the priority agendas this year. Contrary to what happens in the world, in Brazil it is not yet regulated. It is the future of cinema, of audiovisual. And, in Brazil, there is this predatory relationship, there is no Condecine collection. There are two PLs being processed and the Ministry of Culture has been working to ensure regulation that serves the Brazilian industry”, defended Joelma Gonzaga, Secretary of Audiovisual at the Ministry of Culture (MinC), in announcing the sanction to the press.