On 31 May, the National Cinema Agency (ANCINE) enacted the Normative Instruction #134 (NI 134), which amends the Normative Instructions #95 and 105 to insert new rules on audiovisual advertising.
Among the main changes, is the obligation to register with ANCINE the audiovisual advertising that is specifically filmed to be broadcasted on the internet. Also, producers of such advertising will be required to pay the Contribution for Development of the Brazilian Cinematographic Industry – CONDECINE.
The NI #134 applied to contents that have at least 23 frames per second. Therefore, animated GIFs and other online advertising banners are excluded.
Foreign audiovisual internet advertising will be now obligated to obtain the Certificate of Registration – CRT before the public broadcasting , as well as to pay CONDECINE. Differently, Brazilian works, filmed in Brazil or abroad, can be publically broadcasted after the submission of as electronic register requirement.
In order to be considered Brazilian advertising filmed abroad, the IN #134 determines that in all stages of the shooting, even those ones made abroad, the director´s activities, art director, set designer, executive producer, director of photographer, and cameraman, shall be performed by Brazilians or foreign residents in Brazil for more than 3 years. It is also mandatory to send, in the moment of the electronic registration, a declaration signed by the director and the legal representative of the producer, as well as a complete list of the technical and artistic staff employed in the production.
According to ANCINE, these changes seek to inhibit the improper registration of foreign audiovisual internet advertising as Brazilian advertising filmed abroad, as a mean to exploit the most advantageous tax treatment given to work produced normatively in Brazil.
*By Carolina Garcia Lomba, trainee of the TMT team