For independent producers, the definition currently in force modifies the general obligation not to be linked with a provider, by limiting said obligation not to be linked, exclusively, with respect to the provider with which it is contracted.
The parliamentary groups of PSOE, Podemos and ERC have agreed to urge the Government to make the appropriate legal changes so that the definition of independent audiovisual production is "truly" restricted to independent producers. To this end, they have agreed that this definition will be adjusted in the future Film Law.
This has been agreed in a transactional amendment presented this Tuesday to an ERC Motion, to which Europa Press has had access, with which they intend to end the controversial definition of independent producer introduced by the socialists in the General Law of Audiovisual Communication.
The amendment that the PSOE introduced in the text, which went ahead in Congress thanks to the abstention at the last minute of the popular group, did not have the approval of its government partner, Podemos, who abstained in the vote on the law after the Lower House rejected another amendment to modify the definition proposed by the PSOE, which also motivated the rejection of the independentistas to the text as a whole.
The associations of film and audiovisual producers had asked the different political groups to vote "in conscience" and reject the text, understanding that the PSOE amendment had "devastating" consequences for the sector, but finally the text went ahead as well in the Senate thanks to the support of the PNV and the abstention of the PP and with the rejection once again of the independentistas.
For independent producers, the definition currently in force modifies the general obligation not to be associated with a provider, by limiting said obligation not to be associated, exclusively, with respect to the provider with which it is contracted, which allows "that the production companies dependent on television and platforms can be considered independent only by cross-contracting with other audiovisual communication service providers.
As they warned at the time, in this way the production companies linked to a communication service provider will be considered independent when they produce for other communication service providers «competing unfairly and with an unfair advantage with the true independent producers».
Despite the fact that during the parliamentary processing of the Audiovisual Law, the PSOE did not want to modify this definition, the Socialists do now seem willing to change it through the Film Law, a rule that the Prime Minister has announced that he plans to carry forward in this parliamentary course. In any case, this position had already been advanced last summer by the Minister of Culture, Miquel Iceta, by ensuring that the Film Law will include a definition of independent producer "more restrictive" and "rigorous" than the one that, finally, has been introduced in the General Audiovisual Law and which has been rejected by a good part of the Spanish cinema and audiovisual sector.
On the other hand, the transactional amendment agreed this Tuesday by PSOE, Podemos and ERC, which will be voted on Thursday in plenary session of Congress, asks the Government to advance in the development of the support plan for independent audiovisual production promoted by the Government of Spain and designed jointly with all the actors involved.
In addition, it calls on the Executive to advance in the legislative development of policies, to favor the presence of works in official languages recognized by statute and those that enjoy legislative protection in their respective autonomous communities in the audiovisual sector.
Finally, it asks the Government to collaborate with the National Commission for Markets and Competition in the preparation of an annual report on the representation of women in audiovisual programs and content and present a three-year plan for the organization and promotion of the audiovisual sector that, among other objectives, promote effective equality between men and women in the audiovisual sector through actions to support the training and professional promotion of women and the dissemination of audiovisual works directed or created exclusively by women.