The audiovisual sector affirms that Netflix cannot be forced to produce in Catalan: "Either they have deceived ERC or they have been deceived"

The audiovisual business attends with bewilderment the prominence that in their next sector law they have acquired the government concessions to the nationalist parties to sign the approval of the General State Budgets (PGE). The minimum 6% for Catalan, Galician or Basque required in the offer of the

services catalog

is unfeasible according to the legal reports of the sector accessed by EL MUNDO. "Either they have deceived ERC or this party has been deceived," says a manager of one of the affected operators.

The new regulation is the transposition of the European audiovisual directive, some general obligations to which those specified by each country can be added. However, the legal services of the audiovisual sector are categorical in that

, not for those based in another

, no matter how much they also provide services in the nation of turn where it is legislated. The so-called

principle

, by which an operator abides by the law of the country of its headquarters and not that of all where it is present, would consequently free

from assume the commitment acquired by the Executive and ERC.

Gabriel Rufián, spokesman for the Republicans in Congress, managed to capitalize on this agreement on Tuesday by announcing it at a press conference within the Lower House, where he recognized the "media focus" of the audiovisual issue and showed his satisfaction for having fulfilled the promise that his party "was going to get quotas and incentives." This Thursday, in fact, Congress approved an amendment to the PGE project to allocate

.

The audiovisual law that currently governs, of 2010, does not mark any minimum of audiovisual content in co-official languages, as is the case of Catalan. And

of the

of the new law, one from the end of last year and another from July. A third text had been sent to the Council of State, which also did not allow for this obligation. Therefore, the agreement of the Government and ERC skips what had been agreed in that sense during the two public consultation processes for the elaboration of the norm, a compilation of opinions in which Netflix and other similar companies did intervene. "We cannot give an opinion or prosecute a matter on which we have no data," they assure from one of the North American giants of the

questions asked by this newspaper: "This 6% has not been discussed with us when they have asked us for an opinion on the law, and

."

Indeed, the European directive dates from November 2018 and in January 2019 the Government opened a public consultation period, in which giants such as Netflix have participated.

These would now be at the expense of the political pacts that serve to underpin the approval of the budgets of the current coalition government.

As explained by the economic Ministry led by Nadia Calviño, in the new audiovisual law there will be an obligation to dedicate

and that would not admit legal discussion.

The Spanish regulation also foresees that 50% of this 30% (15%) is dedicated to films, series or documentaries in official languages ​​of the State.

To satisfy nationalist requests, Spanish legislation would also establish that 40% of that 15% of the content presented (the aforementioned 6%) be dedicated to official languages ​​other than Spanish, such as Catalan.

Six in Spanish, four in co-official language

This difficult-to-apply purpose would mean that in the catalog of companies such as

, Basque or Galician would be included. This Californian giant, in particular, has a large production center in Tres Cantos (Madrid) and has one of its main markets in Latin America.

Given these circumstances, the legal sources consulted estimate that, if the law were introduced, this 6% would have a limited route in the event that the North American operators decided to prosecute the obligation.

Of course, private national operators such as the on-demand services

would have to comply with this burden from now on, in addition to those they have already assumed.

In addition, the Institute of Cinematography and Audiovisual Arts (ICAA) must allocate 10% of the Film Protection Fund to produce in Catalan, Galician and Basque, which will inevitably reduce the share of impulse to cinema in the Spanish language.

Rufián was in charge of announcing it.

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