Obligation to invest in Norwegian audiovisual productions

The obligation applies to Norwegian streaming services and streaming services established in other EU/EEA countries that target a Norwegian audience. Providers must invest at least 4 percent of their annual turnover in Norway in Norwegian audiovisual works. One of the objectives with the investment obligation is to help ensure stable financing for Norwegian audiovisual productions.

Turnover refers to the provider’s gross turnover in Norway from the audiovisual on-demand service, excluding VAT. This includes, among other things, revenue from subscriptions, advertising, sponsorship, and product placement.

Exemptions

The investment obligation does not apply to:

• The Norwegian Broadcasting Corporation (NRK)
• Providers with annual turnover of less than two million euros or an audience share of less than one percent of the Norwegian market
• Providers that do not offer feature films, documentary films, drama series, and documentary series

Upon application, the Norwegian Media Authority may grant a time-limited exemption from the investment obligation by individual decision. An exemption may be granted if, considering the nature or content of the service, the obligation would be disproportionate. In making this assessment, particular consideration shall be given to whether compliance with the investment obligation is not practically feasible or reasonable. Applications for exemption may be sent to post@medietilsynet.no.

Method for measuring audience share

The investment obligation only applies to providers that have an audience share of one percent or more in the Norwegian market.

Measurements of audience shares in the Norwegian streaming market are conducted through Norsk Gallup and reported by Fifty5Blue (formerly known as Kantar Media) using surveys of a nationally representative sample of the population aged 18 and older.

The measurements are carried out quarterly and are based on 1,000 respondents drawn from the GallupPanel. The panel is representative of the Norwegian internet population, and the survey is conducted through an online questionnaire.

After four quarters, the results are combined into a single dataset of 4,000 respondents, which increases precision and reduces random fluctuations in individual measurements.

What is measured is daily audience share (daily reach). Respondents are first asked which streaming services they are aware of. They are then asked about usage, but only for services they actually know. This makes the survey easier to answer and improves data quality. Usage is measured with the question:

• “Apart from today, when did you last use the following streaming service?”

The response options range from “yesterday” to “less often/never.”

The survey is conducted throughout the entire field period with continuous data collection and captures both weekdays and weekends. This makes the “yesterday” figure a stable estimate of average daily use.

The first full annual combined measurement will be available in December 2026 (based on four quarterly measurements during the year).

The same method is used to calculate audience share for the scope of the obligation for universal design of audiovisual programmes under Broadcasting Regulations sections 2A-3 and 2A-4, cf. Broadcasting Act section 2-19, and for the obligation concerning the share of European works under Broadcasting Regulations section 2-1a, second paragraph, cf. Broadcasting Act section 2-6.

Reporting obligation

Providers must report turnover to the Norwegian Media Authority for the first time by 1 September 2027. Investments must be reported for the first time by 1 September 2028. The specific deadlines are based on the regulatory provisions that have been subject to public consultation and may be changed in the final adopted regulation.

The Norwegian Media Authority will develop a digital reporting solution.

Requirements for direct investments in Norwegian audiovisual works

To fulfil the investment obligation, direct investments must be made in Norwegian audiovisual works. Direct investments include investments in production, purchase of exhibition or distribution rights, and similar arrangements. Purchase of exhibition rights only counts if the work is no more than three years old.

A work qualifies as a Norwegian audiovisual work if it meets at least three of the following four criteria:

1. The script (or other literary basis for the work) is originally written in Norwegian, Sami languages, Kven, Romani, or Romanes
2. The main theme is connected to Norwegian history, culture, or social conditions
3. The story takes place in Norway or in another EEA country
4. The work has a substantial contribution from authors or performing artists residing in Norway or another EEA country

In addition, the producer of the work must meet these criteria:

1. The producer is an audiovisual production company established in Norway or another EEA country, has audiovisual production as its main purpose, does not have public bodies as its principal owner, and does not have significant commercial ties to the project’s primary exhibition platform
2. The company must be organised as a limited liability company and be registered in the Norwegian Central Coordinating Register for Legal Entities or the Register of Business Enterprises
3. Key personnel in the project must have significant professional experience within their field

Investments in entertainment programmes and non-scripted productions will not qualify as investments in Norwegian audiovisual works.

The criteria for Norwegian audiovisual works correspond to the definition of a cultural product set out in the regulations governing grants for audiovisual productions, which are administered by the Norwegian Film Institute. More information about the so called “cultural test” is available here: https://www.nfi.no/tilskudd/kulturtesten

Links

• Act of 28 February 2025 No. 2 relating to amendments to the Broadcasting Act sections 2-22 and 2-23 Lov av 28. februar 2025 nr. 2 om endringer i kringkastingsloven §§ 2-22 og 2-23
• Consultation paper of 2 February 2026 from the Ministry of Culture and Equality with proposals for more detailed provisions in the Broadcasting Regulations. Høringsnotat av 2. februar 2026 fra Kultur- og likestillingsdepartementet med forslag til nærmere bestemmelser i kringkastingsforskriften. 
• https://www.nfi.no/tilskudd/kulturtesten