The right to communication and challenges of media regulation in Brazil

Abstract

In this paper, the author briefly reviews the concept of communication as a human right, based on the debate about the “right to communicate” introduced by UNESCO in the 1970s. Subsequently, in light of certain characteristics of the Brazilian communications market, which are considered obstacles to the guarantee of that right (oligopolies, concentration, cross ownership...), the author lists constitutional principles which, in spite of being envisaged by the Federal Constitution of 1988, have never been regulated. Finally, the author addresses proposals under discussion within the institutional framework , such as the 2013 Democratic Media draft bill proposed by a citizens’ initiative, and the debate about the regulations of videos on demand, led by Ancine in 2016, to formulate guidelines to be pursued within a possible new regulatory framework.