The new draft of Bill 8.889/2017, introduced by Congressman Doutor Luizinho, requires electronic device manufacturers to treat all audiovisual services and content equally, ensuring fair competition and avoiding practices that favor specific providers.

However, the proposal exempts portable devices used for personal mobile services—such as smartphones, AI-powered glasses, and other handheld gadgets—from these obligations. In practice, the rule would mainly apply to Smart TVs, which are designed for audiovisual consumption and would be required to provide direct access to public communication platforms and broadcast services.

The exemption effectively benefits major tech companies like Apple, Google, and Meta, which control mobile operating systems and can continue to prioritize their own services—such as Apple TV+, YouTube, or Samsung Plus—without violating the law. This carve-out has sparked debate over potential competitive imbalances between manufacturers of different types of devices.

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