The Brazilian Association of Independent Television Producers (BRAVI) filed a Direct Unconstitutionality Action¹ arguing that any interpretation of Law No. 12,965/14, known as Brazilian Civil Rights Framework for the Internet, and Law No. 13,874/19, known as the Economic Freedom Act, allowing the availability of paid audiovisual content on the internet, organized in a linear time sequence, on predetermined times, without regulation, to be held as contrary to the Brazilian Federal Constitution.
According to BRAVI, companies in the audiovisual sector, including programmers and channel packaging companies, are offering to the public the same channel packages that Pay-TV companies distribute to their subscribers, even at the same time. BRAVI argues that these companies not being subject to the Law No. 12,485, known as the Conditional Access Service Act, would offend the constitutional principles applicable to electronic media.
For BRAVI, this Act and the Brazilian Federal Constitution encompass the regulation of any form of content transmission, regardless of the technology applied. Thus, any limitation of their impact on part of the companies of the sector would not be in accordance with the Brazilian Federal Constitution.
The lawsuit will be analyzed by the Brazilian Supreme Court.
¹ Direct Unconstitutionality Action nº 6.334