Federal Cinematography Law Reform Initiative - Broadcasting: Film, TV & Radio - Mexico (2022)

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Following the issue in mention, we can comment that on April 26,2021, the correspondent Ruling was presented with a Project Decreethat abrogates the Federal Cinematography Law, and the FEDERAL LAWOF CINEMATOGRAPHY AND AUDIOVISUAL is issued, which would bediscussed in an extraordinary meeting within the United Commissionsof Radio, Television and Cinematography and Legislative Studies,Second of the Senate. In the new project under discussion, themerger and integration of several proposals were considered, beingthese the following:

  1. From the Senator Susana Harp Iturribarría of theParliamentary Group of Morena with a Project Decree that addsarticles 32, 32 Ter, 32, Quinques, and 32 Sexties, presented in theSenate on February 1, 2021. Said Initiative proposes to establishthat the Mexican Institute of Cinematography function as the onepromoting cinematography through systems of financial support,venture capital, guarantee, and investment for the benefit of worksthat are produced by Mexican people and works without anyrelationship or link with broadcasting services companies of soundand image or serial production electronic communication operators.It determines the criteria by which the beneficiary projects willbe chosen, which will be selected by commissions supposedly made upof people with recognized experience in the field.
  2. Likewise, the Initiative presented by Senator MiguelÁngel Mancera Espinosa of the PRD Parliamentary Group seeksto reform Article 54, specifically sections III and IV., Presentedin the Senate on March 23, 2021. The proposal consists of amodification to the federal legislation on cinematography,intending to adapt it to the constitutional reform on the matter ofde-indexing the minimum wage. In order to adapt it to theconstitutional reform regarding de-indexation of the minimum wage,that is: "... daily value of the Measurement and UpdateUnit:...". Being equal to the Initiative presented by theParliamentary Group of the PRI in its third paragraph.
  3. The Initiative presented by Senator Claudia Edith Anaya Mota,member of the PRI Parliamentary Group, with a Project Decree thatmodifies various provisions of the Federal Cinematography Law,reforming article 54 in its sections III and IV, presented in theSenate on September 2, 2020, being equivalent to the Initiativepresented by the PRD in its second paragraph.
  4. he initiative presented by Senator Miguel Ángel LuceroOlivas, and Senators Geovanna del Carmen Bañuelos de laTorre, Nancy de la Sierra Arámburo, Cora Cecilia PinedoAlonso and Alejandra del Carmen León Gastélum andSenator Joel Padilla Peña, all members of the ParliamentaryGroup of the Labor Party, with a Project Decree modifying articles8, 31 and 42 of the Federal Cinematography Law, which was presentedin the Senate on February 11, 2020.
  5. Although, the Initiative stealing the spotlights, is the onepresented by Senator Ricardo Monreal Ávila, member of theParliamentary Group of Morena, with a Project Decree by which theFederal Cinematography Law is repealed and the FederalCinematography and Audiovisual Law is issued, which was presentedin the Senate on February 16, 2021.

The Initiative proposes that all films that were originallyproduced in a language other than Spanish shown in commercialcircuits should do it simultaneously in a version dubbed intoSpanish. The ones that promote the exhibition in cinema clubs andnon-commercial circuits of foreign films with educational,artistic, or cultural value, will not be obliged to the provisionon dubbing.

It is prudent to mention that when reviewing the ruling underdiscussion on April 26, the initiatives corresponding to sections1, 2, 3, and 4 were not merged or considered, therefore only theInitiative of section 5 was considered, being the one that would bediscussed as the Initiative project mentioned on April 26.

The Initiative to which reference is made proposes to repeal theFederal Law of Cinematography and issue the Federal Law ofCinematography and Audiovisual, whose objective consists ofpromoting the production, distribution, commercialization,exhibition, and preservation of cinematographic and audiovisualworks, as well as its restoration, always seeking the study andattention of matters related to the integration, promotion, anddevelopment of the national cinematographic and audiovisualindustry and the national cinematographic cultural heritage, toguarantee the audience access to culture, as well as the exerciseof their cultural rights, taking into account the culturaldiversity and plurality of the Nation.

In the same way, it proposes the creation of mechanisms thatgenerate the necessary conditions to promote the production,distribution, commercialization, and exhibition of films, as wellas their rescue and preservation, seeking at all times theattention to the development of the national film industry.

It has a series of minimum bases for the Mexican State toprotect and conserve the national Cinematographic CulturalHeritage, as well as support for the incentives that will beregulated for these works.

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It contemplates the regulation of the import in the productionof cinematographic and audiovisual works, the promotion of theindustry; establishes the rights of Film Audiences and therequirements for their formation; It also establishes the powersand attributions that the National Cinematheque will have.

Moreover, it establishes the powers and attributions of thecompetent authorities, setting up the corresponding sanctions whenthe provisions contained in this regulation are violated.

However, this proposal has caused some controversy regarding theT-MEC, highlighting that it compromises some of the commitmentsadopted by Mexico, considering that it could restrict US exportsand investments by establishing trade barriers, which could lead tosome sanctions to our country.

Notwithstanding the foregoing, on April 27 Senator Monrealthrough the press and social networks communicated that theproposal had been withdrawn from the discussion, pretending tosubmit it to public consultation (open parliament), explaining thatthe reason is "that all points of view can be expressed, and alegal instrument accepted by the greatest number of people involvedin the industry is built".

Senator Monreal revealed that this decision was influenced bythe Secretary of Culture, Alejandra Frausto, and various members ofthe film industry, who he said expressed their desire toparticipate in the dialogue on the ruling.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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