Government regulates TV 3.0: understand the new technology that will transform the market and its legal impacts

Government regulates TV 3.0: understand the new technology that will transform the market and its legal impacts

Published on 08/28/2025 – LEXLEGAL Editorial

President Luiz Inácio Lula da Silva signed the decree that regulates TV 3.0, also called DTV+, considered the next generation of free-to-air digital television in the country.

The new system, which is expected to debut in June 2026 during the World Cup, promises to revolutionize the viewing experience by integrating traditional audio and video broadcasting with internet services (broadband), enabling interactive features and greater content personalization.

Implementation will be gradual, starting in major capitals, and may take up to 15 years to reach the entire national territory. Despite technological changes, TV 3.0 will remain free, preserving the public nature of the broadcasting service.

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Legal and regulatory issues

From a legal perspective, the implementation of TV 3.0 involves different areas of Law, such as telecommunications, copyright, data protection, and competition. Some highlights are:

1. Right to privacy and data protection – Since TV 3.0 will use user data for personalization, broadcasters will have to comply with the LGPD, ensuring security and clear consent.
2. Segmented advertising – The segmentation of ads must respect transparency rules and avoid abuses, especially regarding vulnerable audiences, such as children and adolescents, regulated by the Child and Adolescent Statute (ECA).
3. Copyright and related rights – The distribution of on-demand content may impact contracts with artists, producers, and broadcasters, requiring a review of rights assignment clauses.
4. Competition – Convergence with the internet may bring free-to-air TV closer to streaming platforms, raising debates on competitive balance and potential differentiated tax rules.
5. Public regulation – The National Telecommunications Agency (Anatel) will play an essential role in overseeing technical quality and compliance with broadcasting and internet regulations.

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TV 3.0 from a legal perspective: what experts say

For lawyer Alan Campos Thomaz, partner at Campos Thomaz Advogados, the greatest challenges in implementing TV 3.0 are related to data protection and the regulation of the use of personal information. “The main complexity lies in regulating the use of data and the creation of behavioral profiles. TV 3.0 will allow very granular personalization, which increases the relevance of data protection and informational self-determination. There is a convergence between the telecommunications sector, traditionally regulated by a state agency, and the AdTech sector, which relies heavily on self-regulation. Reconciling these regulatory models is a central challenge.”

The specialist also assesses the competitive impacts, highlighting that the new technology accelerates the convergence between free-to-air television and streaming platforms.

“There is already convergence between free-to-air television and streaming platforms, and TV 3.0 accelerates this movement by bringing interactivity and functionalities that bring traditional broadcasting closer to the digital logic. From a competition standpoint, this tends to be positive for consumers, who will have more quality options and formats for accessing content. However, new challenges arise: the absence – or replacement – of typical app store gatekeepers changes the dynamics of service access and may redistribute the power of intermediation,” he stated.

From the consumer law perspective, Alan emphasizes the need for education and clear rules. “A first step will be an educational process, so that consumers understand the new features, as well as the risks and exposures that the technology may generate. Next, it is essential that transparency tools exist, with clear, accessible information presented intuitively on the screen, allowing for informed choices,” he argued.

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Even so, experts warn that technical benefits need to go hand in hand with legal and regulatory security. Issues such as data protection, advertising transparency, and fair competition with streaming services will be at the center of the debate in the coming years.

The future of TV 3.0 will depend on public and industry adoption, as well as the construction of a regulatory environment that ensures responsible innovation, content diversity, and respect for consumer rights.

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