Describe the main features of the policy/measure:
The Law 12.485, of September 12, 2011, about “conditioned access audiovisual communication”, known as the Pay-TV Law, regulates the entry of telephone companies in the cable television sector and regulates the transmission of content on pay TV. It determines that all channels must broadcast a minimum of 3h30 of Brazilian content weekly in prime time, half of which is an independent producer. Also, pay-TV packages must offer at least two channels with, at least, 12 hours a day of independent Brazilian audiovisual content.
The Pay TV Monitoring System was created not only to inspect, by the Brazilian Film Agency, the legal obligations related to the activities that make up this market segment but also to collect information that supports the permanent improvement of this policy. Thus, the System gathers the registration of companies, audiovisual works, registration of programming channels, and the inspection of the obligation to broadcast Brazilian content, made through reports sent by 106 pay-TV channels and the recording of all programming of each one of them.
Website of the policy/measure, if available:
What are the results achieved so far through the implementation of the policy/measure?:
The Pay TV Monitoring System provides more and better information on the audiovisual market, for the improvement of public policies developed for the sector, in addition to being a tool to ensure compliance with Law No. 12,485/2011. Thanks to the System, it was possible to verify that Law nº 12.485 / 2011, known as Pay-TV Law, brought the following results: it made possible the increase of independent Brazilian production and the arrival of this production on pay TV (and also on open TV channels); expanded the investment capacity of the Audiovisual Sector Fund in the development of the sector; and improved a set of practices by the programmers of open television channels and Brazilian audiovisual producers. In the 2016-2019 period, the consolidation of Brazilian programming was observed, resulting in the overcoming of the number of hours required by law, as well as the production of high value-added works, such as, for example, serial works of fiction.
In 2016, the country reached 5,759 independent producers and the system monitored 107 paid television channels, having recorded 3,007 hours of original Brazilian independent content, with 68% of serial productions and 19% of feature-length films - of which 32% were varieties, 37% documentaries, and 2% animations. There was also a concentration of producers in the Southeast Region (68%), while the other regions registered the existence of 611 (10%) producers in the Northeast, 358 (6%) in the Midwest, and 151 (3%) in the North.
The System analyzed 118 channels in 2017 and 142 channels in 2018. In 2018, it was found that 16.2% of the programming hours of the qualified programming channels were Brazilian productions, with 11.2% and 5% independent and non-independent content, respectively. In primetime, Brazilian production occupies 24.3% of the time on non-children's channels and 18.3% on children's channels. Regarding the type of national productions shown, in 2018 the standards previously observed were maintained, with fiction and documentaries making up most of the Brazilian production of qualified space aired (66.9%), representing 54.2% of Brazilian programming hours in total and 57.3% in prime time (See annex).
Financial resources allocated to the policy/measure in USD:
Not applied
Partner(s) engaged in the implementation of the measure:
| Name of partner | Type of entity |
|---|---|
National Telecommunications Agency
| Public Sector
|
National Teaching and Research Network
| Private Sector
|
Cinemateca Brasileira
| Public Sector
|
Has the implementation of the policy/measure been evaluated?:
NO