The prize draws that used to be promoted in TV programs, and that were prohibited by the Courts in 1998, may return. On March 3, 2020, Provisional Presidential Decree No. 923 (“Decree”), came into force, authorizing over-the-air television broadcasters to deliver prizes through draws, gift certificates, contests or similar operations.
The Decree determines that over-the-air television broadcasters, as recognized by the National Telecommunications Agency - ANATEL, that provide entertainment services to the public through applications, digital platforms or similar means may be authorized to distribute prizes. In addition, the authorization may be granted individually to the broadcaster or in conjunction with other legal entities of its same corporate group.
The Decree amends article 1 of Law no. 5.768/71, which regulates the free distribution of prizes through commercial promotional and must be approved by the National Congress within 120 days to be converted into law.