The Framework

Colombia’s local content policies for online video platforms focus on requiring the visibility of national audiovisual content while stopping short of imposing strict quotas. Article 154 of the National Development Plan (NDP) mandates that online video-on-demand (VOD) providers create a clearly identified section for Colombian content that is easily accessible to users in Colombia.[1] Decree 681 of 2021 built on this requirement by compelling VOD providers to identify users in Colombia and include relevant content in the local section. Although there are no mandatory content quotas, these prominence requirements force platforms to push users toward Colombian content. While the Colombian government has considered a broader regulatory framework for online video services, the current approach mandates prominence over specific quotas.

Implications for U.S. Technology Companies

Colombia’s prominence requirements force U.S. streaming services to modify their platforms specifically for the Colombian market. Netflix, Amazon Prime Video, and Disney+ must implement dedicated sections for Colombian content that meet the government’s “easily accessible” standard, requiring interface changes and ongoing content curation. These platforms must also develop systems to accurately identify users located in Colombia to ensure compliance. While U.S. companies have built sophisticated global content delivery systems, Colombia’s requirements mandate country-specific modifications that increase operational complexity and compliance costs. This diverts resources from product development and forces U.S. platforms to maintain specialized compliance infrastructure that regional competitors without global operations can avoid.

The regulatory uncertainty surrounding Colombia’s digital content policies poses significant challenges for U.S. technology companies. Colombian authorities have repeatedly signaled interest in expanding regulations beyond prominence requirements to include content quotas and other restrictions. This unpredictability complicates investment decisions and partnership strategies for U.S. platforms in the Colombian market. Ironically, these prominence requirements do little to actually support Colombian content creators—who would benefit more from platforms investing in production partnerships and recommendation algorithms—while creating compliance burdens that discourage the very investment that could grow the local content industry. Furthermore, Colombia’s approach reflects a growing trend across Latin America toward fragmenting the digital content market through country-specific regulations. As nations implement varying requirements—from Brazil’s proposed quotas to Mexico’s revenue-sharing mandates—U.S. platforms face an expanding web of compliance obligations that undermines their ability to operate efficiently at scale. Companies from countries without similar international regulatory burdens can focus resources on innovation while U.S. firms must navigate this increasingly complex regulatory landscape.

Endnotes