The text amends Law No. 5,768, of December 20, 1971, which determines prior authorization from the government and establishes conditions for the delivery of awards to the public. Since the 1990s, Justice has vetoed this practice, which, according to the Public Ministry, is harmful to consumers.
PM benefits national television networks and those that provide entertainment services to the public through applications or digital platforms. Concessions may be given to open networks alone or in conjunction with other companies of the group.
Open television broadcasters have asked the government to release the so-called “telesorts”. President Jair Bolsonaro requested a study from the Ministry of Economy and decided to authorize the distribution of prizes. Sweepstakes by telephone with 0900 prefixes became known in the 1990s. At the time, the government defended the ban, with the support of the Federal Public Ministry, and the Justice prohibited the practice.
Justification of the PM
Faced with the crisis in the media sector all over the planet, Provisional Measure 923, issued yesterday by President Jair Bolsonaro, allows the survival of the plurality of communications in Brazil, something fundamental in a democracy.
In the last few years, the country's communication companies have found alternative forms of financing, whether offering financial services, such as payment by debit and credit card machines, or seeking new business in offering content via streaming, which requires investment and takes place in a context of strong competition with foreign companies.
Provisional Measure 923 plays a fundamental role in allowing companies in the broadcasting sector to make commercial promotions, creating a legal framework that brings security to companies and consumers. This new source of funds will allow investments in the fundamental activity of communication companies: the provision of plural, exempt and technical content to the Brazilian population.
MP 923 will bring benefits especially to the poorest population, who do not have access to cable TV or streaming services. It will also help to strengthen companies that operate in the competitive and concentrated advertising market of Brazilian broadcasting.
Broadcasters undertake to continue fulfilling their constitutional mission of bringing content freely accessible to the entire national territory, as well as continuing to invest in content production to inform and entertain the Brazilian population. The provisional measure is welcome and will help Brazilian democracy to become even stronger, stimulating the growth of healthy and ethically responsible companies.
The MP 923 will allow TV networks to have an increasingly direct contact, without intermediaries, with their users. This new regulatory framework creates legal certainty, which will result in more service offerings, new journalistic and artistic content and a wider range of sporting events for viewers across the country.
New software and interaction applications may be integrated with store chains and service providers. Opinion surveys of television content should be done instantly, using the most modern technologies.
MP 923 will create thousands of new jobs, stimulating diversity of content and expanding the journalistic capacity of broadcasters.
PROVISIONAL MEASURE No. 923, OF 2 MARCH 2020
Amends Law No. 5,768, of December 20, 1971, which provides for the free distribution of prizes, through a lottery, gift certificate or contest, as an advertisement, and establishes rules for the protection of popular savings.
THE PRESIDENT OF THE REPUBLIC, using the powers conferred on him by art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:
Article 1. Law No. 5,768, of December 20, 1971, comes into force with the following changes:
"Art. 1 .............................................. ...............................................
§ 1º-A. National open television networks, as recognized by the National Telecommunications Agency - Anatel, that provide entertainment services to the public through applications, digital platforms or similar ways, in the manner defined by regulation, subject to the provisions of the regulation, may also be authorized. in § 1º.
§ 1º-B. For the purposes of Paragraph 1-A, the set of generating stations and respective television broadcasting systems with national coverage that broadcast the same basic programming will be considered national open television network.
§ 1º-C. The authorization referred to in § 1-A may be granted separately to national open television networks or in conjunction with other legal entities in the same group as these concessionaires, provided that they are constituted under Brazilian law and are under common control.
.................................................. ............................................. "(NR)
Art. 2 This Provisional Measure goes into effect on the date of its publication.
Brasilia, March 2, 2020; 199th of Independence and 132nd of the Republic.
JAIR MESSIAS BOLSONARO
Paulo Guedes
Source: GMB
