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Hot Topic – About the Paid TV Act

On November 8, 2017, the Brazilian Supreme Court upheld the constitutionality of several provisions of Law No. 12,485/2011, commonly known as the Paid TV Act.

The imposition of quotas for national and independent content was declared constitutional, as well as the rules of cross-ownership, which prevent the exploitation of the content market by telecommunications companies, as well as the distribution of telecommunications services by content companies.

On the other hand, the Court found unconstitutional the prohibition of commercial advertising in Paid TV channels directed to Brazilian consumers, that were contracted by foreign advertising agencies. By decision of the majority, the Court held that said provision violated the principle of equality by reserving the market to Brazilian advertising agencies.