VIE 19 DE ABRIL DE 2024 - 12:40hs.
Telejogo

Brazil’s Senate to vote PM 923/2020 that authorizes draws and gifts on radio and TV

In the coming days, the Senate will analyze Provisional Measure (PM) 923/2020, which authorizes television stations to promote marketing actions involving the drawing of prizes, free distribution of gifts, contests or similar operations. Known as ‘telejogos’ (telegames), these draws were common in the 1990s, but were banned by a court decision in 1998. The text prohibits actions that constitute gambling or bingo and the distribution or conversion of prizes into cash.

In addition to TVs, radios and civil society organizations will be able to promote prize draws, distribute gifts and contests over the phone, websites and cell phone applications, in accordance with the proposal approved by the Chamber of Deputies on Thursday (4), in the form of the Conversion Law 16/20.

The government text authorized the draws for open TV stations. In the case of civil society organizations, the project conditions the realization of the draw to the purpose of the institution - such as promoting education, health, food security, combating poverty or economic development, among others.

It will be up to the Ministry of Economy to authorize and supervise the drawings. The text prohibits actions that constitute gambling or bingo and the distribution or conversion of prizes into cash. Draws and free gifts of up to R$ 10,000 (US$2,000) per month can be made without the need for government approval.

Children and teenagers

The Plenary of the Chamber of Deputies rejected a highlight that prohibited ‘telejogos’ aimed at children or adolescents. According to the amendment, which was not approved, the free distribution of prizes for advertising on TV could not be directed to children and adolescents or be based on products aimed at this audience, and should also be subject to limited hours in the programming of national networks broadcast television under the terms of the regulations.

According to the PLV, participation in the draws will depend on prior registration through an application, computer program or other digital platform. The interested party will be required to register the Individual Taxpayer Registration Number (CPF) and the registration of minors under 18 will be prohibited. The company must guarantee the confidentiality of the information.

Punishments

The bill also imposes sanctions on broadcasters that fail to comply with the rules set out in the text, such as drawings without authorization. Among the punishments are: revocation of authorization; prohibition on holding draws for three years; fine of 100% of the sum of the amounts promised as prizes.

Concessions

The Plenary of the Chamber also rejected highlights to remove from the text of PM 923/20 the renegotiation of the payment of the grant by broadcasting stations. As a result, radio broadcasters will be able to regularize the payment of the grant with monthly installments for the time provided for in the concession or permission with updating by the IPCA, unless the bidding notice determines another index for monetary correction. The correction will be made after the approval of the grant by the National Congress.

Source: Agência Senado