Bolsonaro sanctions law that allows assignment of programming time

Enacted law allows broadcasters to transfer and sell total programming time to independent producers

The president Jair Bolsonaro (PL) endorsed the proposal authorizing radio and television companies to assign, transfer and commercialize programming time for independent production. The sanction will be published in the edition of the DOU (Diário Oficial da União) this Wednesday (13.Jul).

According to the government, the new law brings more legal security to private broadcasters. The text requires broadcasters to “keep under their control the legal rule of limiting commercial advertising and the quality of the content of third-party programming”.

The new law establishes that broadcasters are responsible for any irregularities in the content produced by independent producers. In addition, concessionaires and permissionaires are prohibited from transferring, marketing and assigning the total or partial management of the broadcasting service.

The sanctioned law also defines and maintains the limit of up to 25% of commercial advertising time, as established by the Brazilian Telecommunications Code. This type of advertising is the programming space used to disseminate messages and information with their own content of products and services for consumers and to promote the image and brand of companies.

“The sanction aims to regulate independent production and provide greater legal certainty to private radio and television companies by defining the concept of commercial advertising, within the scope of broadcasting.”, said the General Secretariat of the Presidency.

Programming time is already sold by broadcasters with content producers and churches. In May of this year, the Federal Court condemned The band in Rio de Janeiro and the record to reduce the total commercialized period of their grid to 25% of the daily time, including spaces sold to religious or non-profit entities.

The lawsuits were filed by the MPF (Federal Public Ministry), which stated that the broadcasters failed to comply with the legal limit when marketing, in addition to the time allocated to advertising products and services, up to 9 hours and 30 minutes daily for the dissemination of religious content.