Communications Law Themes in the Jurisprudence of the Brazilian Supreme Court
First Edition (2017). Portuguese. 343 pages.
The book “Communications Law Themes in the Case Law of the Brazilian Supreme Court: Telecommunications, Internet, Broadcast TV, Pay TV, and the Press,” presents relevant cases of each of these sectors in the last 30 years.
The book also discusses the constitutional grounds used in the Brazilian Supreme Court decisions, presenting the author’s analysis and proposed jurisprudence reviews.
The work highlights, among other issues, the constitutional issues related to the interpretation of the Internet Regulatory Framework, the General Telecommunications Act, the Public Broadcasting Services Act, and the Conditioned Access Audiovisual Communication Services Act (Pay TV).
One of its features is an analysis of the court-ordered blocking of the WhatsApp application within the context of the constitutional interpretation of the Internet Regulatory Framework. The Brazilian Supreme Court fixed the questions on this subject, opening them to debate in a public hearing, specifically related to the use of encryption of communications by the application and possibility of carrying out the court order to intercept communications.
The book analyses the Brazilian Supreme Court’s jurisprudence on the sole jurisdiction of the Federal Government to legislate on telecommunications, declaring the unconstitutionality of state laws that impose obligations to telecommunications companies on the following matters: expiration of prepaid mobile phone credits; ban on the charge of a basic subscription fee for landline and cable TV services; sale and resale of used mobile devices; locating mobile devices; the use of mobile devices in prisons, among others.
It examines the constitutionality of federal laws that compel telecommunications companies to provide personal data and information on the users of personal mobile and landline services, on the grounds of violation to the fundamental rights to privacy and secrecy of private communications.
It also presents the debate on the constitutionality of the Pay Tv Act that disciplines conditioned access audiovisual communication services, examining the rules on the limits to cross-ownership between telecommunications and Pay TV companies, the Brazilian content quota regime, the scheme for the granting of services by Anatel via administrative authorization, among others.
The book also presents cases ruled as of General Repercussion by the Brazilian Supreme Court, related to the constitutionality of the collection of licensing fees for radiocommunication stations by municipalities (Theme 919); the right to be forgotten in the civil realm, especially by television shows (Theme 786); liability for offences on social media and rights of personality (Theme 533); the jurisdiction of State Courts to try cases related to the charging of basic subscription fees from telephony consumers (Theme 35).
The book is the second one in the Communications Law Collection, which began with Communication Law in Brazil: Telecommunications – Internet – Broadcast Television and Radio – Pay Television, available on Amazon.
Main topics discussed
Sectoral regulation. Questions about the General Telecommunications Act and its interpretation by the Supreme Court. Themes with General Repercussion. The distinction between the concession and authorization regimes.
The unconstitutionality of state laws on the expiry date of prepaid cell phone credits, installation of cellular antennas, devices to control the use of mobile phones in correctional institutions, sale and resale of used cell phones. The jurisdiction of the state court to dismiss lawsuit between consumer and landline telephony concessionaire. Fund for Universal Access to Telecommunications Services (FUST). Unconstitutionality by Omission.
The Internet Regulatory Framework and the interpretation by the Brazilian Supreme Court. Internet Applications. Court-ordered suspension of WhatsApp. The right to communication and confidentiality of private communications. Encryption. Offenses on social media and personality rights.
Unconstitutionality of State law that requires a provider of mobile internet services to present consumers with the average speed of data transmission.
TV Digital. Granting of Broadcasting Services: public service technique. Critical view. General Repercussion. Right to be Forgotten in the Civil Context. Official Government Radio Program: Voz do Brasil.
Ownership of broadcasting companies by legislators. Unconstitutionality of laws that restrict commercial advertising. Public Broadcasting (Empresa Brasil de Comunicação).
The Brazilian Supreme Court and the constitutionality of the Conditioned Access Audiovisual Communication Services Act (the Pay TV Act). The regime of administrative authorization for the granting of services. The shutdown of analog TV channels.
Repeal of the Press Act in the trial of the action against the violation of a fundamental constitutional right ADPF 130. Constitutional complaints to ensure full freedom of journalistic information. Constitutional restriction to the participation of foreign capital in newspaper companies (Article 222 of the Brazilian Constitution).
Freedom of the Press versus Personality Rights Biographies and no need for prior consent by the subject of the biography.