Policy of quota for the Brazilian audiovisual output
The goal of the quota is to ensure the presence in the local market of audiovisual output produced in Brazil, in a healthy balance with international output.
In film, the Screen Quota is aimed at guaranteeing a market share for the national cinema output to counter the massive presence of foreign content in cinema screens. By allowing for a minimum outflow of Brazilian output, it expands the access by the audience and promoted the diversity of the titles in the theaters.
The establishment of mandatory screening of Brazilian audiovisual works on private paid television also has the goal of guaranteeing a potential minimum demand, which stimulates national production of national content geared toward this market segment.
It's a national measure of legislative and regulatory nature. On theaters, the Screen Quota has legal provision through Article 55 of Provisional Measure 2228-1/2001. The requisites and conditions of validity for meeting the Quota are defined by Normative Instruction nº 88 of the National Cinema Agency, updated by Normative Instructions nº 113, of 18 December 2013; 117, of 31 December 2014; and 122, 9 December 2015. The number of days of screening and minimum diversity of Brazilian titles to be show in movie theaters in the country throughout the year are fixed in a yearly basis. The decree for the 2016 Screen Quota has determined that movie theaters with one screen must show Brazilian movies for a minimum of 28 days for the year – and at least three different titles. The Screen Quota varies according to the size of the movie theater complex up to a maximum of 63 days (on average) per screen, for complexes with seven screens – which must show a minimum of 11 different national titles.
For television, Law nº 1437/2006, Law nº 12485/2012 and Normative Instruction nº 100/12 establish two types of quotas: (i) Programming Quota: on qualified space channels, a minimum of three hours and thirty minutes per week of content aired on prime time must be Brazilian and integrate qualified space, and half must be by independent Brazilian production companies; (ii) Package Quota: for each three channels with qualified space feature in each cable package offered in the membership, at least one must be a Brazilian channel of qualified space, and at least one third of this minimum share of Brazilian channels must have programming by an independent Brazilian provider. The company offering the package will have the obligation of meeting those demands up until a limit of 12 Brazilian channels of qualified space. Out of the Brazilian channels that are part of packages, at least two must air a minimum of 12 daily hours of audiovisual content created by a Brazilian independent production company, three of which must be on prime time.
The results expected of the implementation of those measures are: (i) market reserve for the national product to counter the massive presence of foreign content on cinema screens; (ii) diversified offer of titles on movie screens; (iii) preservation of the freedom of choice of the audience; (iv) stimulus for the creation of Brazilian channels with content provided by Brazilian companies, as well as for the production of independent Brazilian content of greater added value, such as films, television series, documentaries and animation; (v) strong impact on the paid television market, the broadband market and the audiovisual market, with increased offers of service and competition, reduced prices and improved quality, with more plurality and diversity in the audiovisual content offered to the client; (vi) to foster the national market, creating the conditions for the multiplication of enterprises and generation of internal wealth, so that Brazil may become a major hub of audiovisual output.
The policy of mandatory airing of national content is not just founded on economic issues, but also on cultural aspects, as minimum quota for national content yield diversity in audiovisual markets and are legitimate instruments recognized by the international community by means of the 2005 Convention.
Budgeted resources are allocated.
The implementation of the measures is monitored by the National Cinema Agency – ANCINE. The cinema quota was verified to having been met by 82% of the movie theater complexes in the country with proof. As for television, there was a verified increase in the number of programming channels accredited with Ancine, and an increase in the presence of Brazilian content on conditioned access services (paid TV).