New Regulation Issued In Brazil On Audiovisual Advertisements Broadcasted On The Internet

Author:Mr João Harres
Profession:Veirano e Advogados Associados

The National Cinema Agency is the regulatory authority with jurisdiction enshrined in law in relation to the Brazilian audiovisual market. In this sense, ANCINE's Normative Instruction 95/2011 specifically regulates broadcasting of audiovisual advertisements in Brazil.

In the event audiovisual advertisements are broadcast in Brazil through pay TV channels, open TV channels, theaters or public transportation, or included in videos commercialized in Brazil - such as DVDs and videos distributed in Brazil by means of the video on demand technology - many requirements of Normative Instruction 95/2011 apply, such as:

registration with ANCINE prior to broadcasting of audiovisual ads that are directed to Brazilian consumers; specific tax payments (CONDECINE) must be paid for the different types of broadcasting of audiovisual ads: Pay TV, open TV, theaters, public transportation, vod, DVDs and closed circuits as follows: In case of foreign audiovisual ads, meaning the ones produced by foreign companies or Brazilian companies controlled by foreign companies, CONDECINE adds up approximately to:

US$ 60,775.00 for all audiovisual market segments US$ 50,650.00 for open TV broadcasting US$ 7,235.00 for pay TV broadcasting US$ 4,350.00 for home video US$ 4,350.00 for movie theatres US$ 750.00 for public transportation and vod In case of Brazilian publicity audiovisual works, amounts are considerably lower and CONDECINE adds up approximately to:

US$ 1,085.00 for all audiovisual market segments US$ 750.00 for open TV broadcasting US$ 360.00 for pay TV broadcasting US$ 215.00 for home video US$ 215.00 for movie theatres US$ 150.00 for public transportation and vod foreign audiovisual ads in any way aiming the Brazilian consumer may only be broadcasted in Brazil in any market segment if properly adapted to the Portuguese language spoken and written in Brazil. Therefore, ANCINE's understanding is that such ads need to be either dubbed or subtitled to the Portuguese language; the registration of each ad is done only once, regardless of how many times it is broadcasted. Payment of CONDECINE is, however, due every year of broadcasting; registration with ANCINE can only be obtained by entities previously registered with ANCINE; the adaptation to the Portuguese language services must be provided by a previously registered with ANCINE Brazilian producing company under the supervision of a Brazilian advertising film director or...

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