Law No. 10,359, Of December 27, 2001

Original Language Title: Lei nº 10.359, de 27 de Dezembro de 2001

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LEI No. 10,359, December 27, 2001

Disposes on the mandatory for new television sets to contain device that makes it possible to temporarily block the reception of inadequate programming.

The PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:

Art. 1º The television sets produced on the national territory should dispose, obligatorily, from electronic device that allows the user to block the reception of programs transmitted by the broadcasters, dealerships and permissionaries of television services, including by signature and cable, upon:

I-the use of alphanumeric code, in a previously programmed form; or

II-the recognition of code or signal, transmitted together with the programs containing sex scenes or violence.

Art. 2º It is vetted the commercialization of television sets manufactured in the Brazil after the entry into force of this Act or imported from the same date as it does not have the blocker device referred to in the preceding article.

Paragraph single. The Executive Power will lay down the conditions and stimulus measures so that current televisions existing on the market and those that will be marketed until the coming into force of this Act come to have the electronic locking device to which if refers to art. 1º.

Art. 3º Competing to the Executive Power, listened to the representative entities of the broadcasters specified in the art. 1º, proceed to the indicative classification of the television programmes.

Single paragraph. The indicative rating of which it treats the caput will necessarily cover the identification of the programs containing scenes of sex or violence.

Art. 4º The open television broadcasters and the television operators by signature and cable are expected to broadcast, along with programs containing sex scenes or violence, signal that allows for its recognition by the device specified in the inciso II of the art. 1st of this Law.

Art. 5º The broadcasters of open television and the television operators by subscription and cable should advance their schedules in advance, indicating in a clear way the exhibition schedules and channels of the programs that contain scenes of sex or violence, pursuant to the single paragraph of the art. 3º of this Law.

Art. 6º The infractions of the provisions of this Law subject the offenders to the penalties provided for in Law No. 4,117 of August 27, 1962-Brazilian Code of Telecommunications, with the amendments introduced by Decree-Law No. 236 of February 28, 1967, and too much later modifications.

Art. 7º The executive branch will regulate this Act within 180 (one hundred and eighty) days, counted from its publication.

Art. 8º This Law comes into effect one year after its publication.

Brasilia, December 27, 2001; 180º of the Independence and 113º of the Republic.

FERNANDO HENRY CARDOSO

Aloysio Nunes Ferreira Filho