L'industria cinematografica tra libertà e autorità

In the essay they reveal two different material profiles: the cultural one (cinematography as art) and the economic one (the industrialization of the sector), thus highlighting that we are in front of a private sector. The publicist approach has considered the tight intertwining between culture and economy, both on the legislative implementation level. The constitutional framework has first of all posed the question of the connection of the double material profile to the general category of cultural and economic initiative, respectively, and the question of guarantees of public intervention in the sector, thus having to face the problem of the distribution of competences respectively of the cinematographic art as an intellectual property, of exclusive competence of the State, and of cultural and economic promotion of the film industry, of concurrent competence between State and Regions. With regard to legislative implementation plan, it was demonstrated that, in compliance with the double freedom (cultural and economic ones) guaranteed by the Constitution, positive actions must be of an indirect promotional nature, an attempt was made to understand whether the legislator actually acted in this way, or whether it has carried out protection policies, more invasive toward the film industry market and even more expensive for the public economy. To this last end the recent reform of the sector made by law No. 220 of 2016 “Discipline of the cinema and the audiovisual sector”, if on the one hand it introduced important positive indirect actions (such as the tax credit) aimed at strengthening the element of freedom in the sector, on the other hand, it did not have the courage to take the distances from the authoritarian actions once and for all, thus maintaining State cinematography in the third millennium.