Necessary adjustments to the laws and policy on state aid in the film industry

Abstract

In the weeks leading up to the 2022 election both major parties have indicated that they would bolster funds relating to the production of films. More recently, the government has passed legislation and initiated certain projects which impact the film industry. This means that a dissertation which analyses this legislation as well as proposes further initiatives and legislation is very much timely. It is also understood that the State aid given in the production of films is funded by taxpayer money. This makes it wise to investigate where and how taxpayer money is being spent, and, how to make sure that the taxpayer may benefit the most from his money being spent in this area. The dissertation will firstly set the scene by answering two important questions; What is State Aid? and What is the ‘Film Industry’? When answering these two questions, while focusing on the legal aspect, at times focus shall shift towards the Socio-cultural and Economic dimensions. The reason for this lies in the fact that for one to establish what the ‘Necessary Changes’ should be, a holistic understanding of how the film industry operates is key. The dissertation shall then perform a review of the major components of the laws that govern state aid within the film industry at a European level and shall then narrow its focus on the laws in Malta, making particular reference to the key player in the Maltese Film Industry, The Malta Film Commission. Having established an understanding of the things at play, the focus shall shift onto changing how things operate. Pursuant to this, the law shall be used to effectuate change both before a film is produced, as well as after the film has been produced. The raison d'être for this approach being clarified further into the study. The study shall conclude by firstly appreciating the complexity and vastness of this industry and propose future studies to be made in other specific areas within the film industry.