The Senate approved on this Thursday (25) the provisional measure (PM) that authorizes the distribution, by broadcasters and radio, of prizes to the public through a lottery, gift certificate or contest. The text goes now on to presidential sanction.
The text amends a 1971 law and has already been approved by the Chamber of Deputies.
Initially, the PM issued by the government provided for authorization only for national open TV networks, but, in the Chamber, the possibility was extended to radio stations and civil society organizations.
As it is a provisional measure, the text came into force as soon as it was published in the "Official Gazette" in March. To become a law definitively, it needs to be approved by Congress.
When it sent the PM to Congress, the government said the initiative aims to support investment in broadcasting technology; leverage the audience of broadcasters; and to stimulate the interest of viewers, the hiring of advertisements and the production of cultural, entertainment, information and education programs.
“The current market for Brazilian broadcast television networks is going through a period of prolonged economic crisis [...]. The exploitation of commercial promotions by the concessionaires of the broadcasting service of sounds and images, provided that it is properly delimited and regulated, can have positive impacts on the economy and job creation,” said the government.
Rules
The PM requires prior authorization from the Ministry of Economy for the free distribution of prizes above R$ 10,000 (US$1,900). In addition, participation in draws, contests and gift certificates is limited to a CPF and people over 18 years of age.
According to the text, the participation of the interested party will be preceded by registration, through an application, computer program or by telephone. The company authorized to carry out the draw must ensure the confidentiality of the registered information.
The text prohibits operations that involve gambling or bingo; distribution or conversion of cash prizes.
In case of non-compliance with the rules, the text provides:
- revocation of authorization;
- prohibition on holding draws for up to 3 years;
- fine of up to 100% of the sum of the values of the promised goods as prizes.
To carry out a draw, the civil society organization must present, among the social objectives, at least one of the purposes: to promote social assistance, education, health, among others.
The text prohibits these organizations from distributing prizes for campaigns of political party or electoral interest, as well as the distribution or conversion of prizes into cash.
Other topics
In the Chamber, a section was included that facilitates the regularization of the payment of the public price for the granting of the broadcasting service, in the bidding process.
According to the text, it can be done in monthly installments for the time provided for in the concession or permission, without making the licensing of the station unfeasible.
The measure also gives validity to the authorizations granted to concessionaires and broadcasting permissionaries made between March 2nd, the day before the publication of the PM, and the date of publication of the law.
Source: GMB / G1
