A proposal to prevent the destruction of EBC.

If the Temer government follows through on its threat to soon present a bill altering the legal framework of EBC (Brazilian Communication Company), it will be circumventing the Supreme Court, which still needs to examine, on its merits, the injunction granted by Minister Dias Toffoli reinstating CEO Ricardo Melo to his mandate. With the mandate suppressed, the government could appoint whomever it wants before the Supreme Court's decision. This would be, at the very least, a minor affront, but the most serious issue is not that: the serious problem would be dismantling what was done to fulfill a constitutional provision—the existence of public channels, governed as public channels, alongside private and state-owned broadcasting channels.

According to an article published this Friday in Folha de S. Paulo, the government intends to shut down TV Brasil, the most important public channel ever created in Brazil, and also eliminate the most important instruments for shielding EBC from political interference: the president's mandate and the board of trustees, the body that oversees public opinion.

What the government plans, therefore, is to recreate Radiobrás, a government communications company created during the military regime to handle government/state communications. It was incorporated into EBC as foreseen by Law 11652/2008. The desire to have a more robust communication tool at its service is legitimate. But not by eliminating public communication. That would be a step backward, a huge blunder, and a very negative mark for Temer.

To handle the responsibilities of Radiobrás, EBC created a specific directorate (to operate NBR, Voz do Brasil, and other services requested by the Presidential Palace). Other directorates were responsible for managing the public channels under the supervision of the Council. During his brief tenure, Laerte Rimoli, demonstrating his ignorance of the distinct natures of these two channels – NBR and TV Brasil – unified the production of their journalistic content under a single director. Heresy.

It's clear that today EBC is a company with two arms, and that's not good. But it was the best option in 2007 to circumvent resistance from Congress to the existence of two companies – one to serve the government, the other to handle the constitutionally mandated public communication.

According to Folha's investigation, the government wants to shut down TV Brasil but intends to maintain other EBC activities, such as radio stations, Agência Brasil, content production (to be shown where?), and certainly government outreach services like TV NBr, Voz do Brasil, and broadcasts of official acts. But what will be the nature of these activities? Would Agência Brasil, currently recognized as a public entity due to its management and content, become a government agency? And what about the radio stations? All of this requires definition and debate.

If the government wants to seriously address the issue of EBC, I have a rather obvious suggestion: split EBC into two entities, one to develop government activities and the other to carry out the constitutionally mandated public communication.

For government communication activities, another entity would be created, allocating to it half of the budget, career employees, and assets of EBC, which today possesses a large transmission and production infrastructure, almost all acquired during my administration (2007-2011). Appointed positions would be significantly reduced and divided between the two institutions. The heads of the government arm would be appointed by the President of the Republic and dismissible at his discretion, as I intended to do now.

EBC would continue to exist to operate TV Brasil, radio stations, and the public news agency. The top executive would continue to hold office, and the board of trustees would continue to exist. Its members would be appointed, in varying proportions, by the President of the Republic (the highest elected official), Congress, employees, and, primarily, civil society. EBC would also inherit half of the employees, assets, and appointed positions, in addition to the channels it currently operates.

It could also be the reverse, provided the formula is rational. The government would take over EBC (Brazilian Communication Company) to serve its needs, but a foundation or other legal entity would be created to develop the constitutional activities of public communication, with much smaller budgetary guarantees than the current ones. This entity would continue to be financed by the State, but the Public Communication Contribution, so carefully conceived when we approved the law in Congress, thanks to the efforts of the then rapporteur Valter Pinheiro, would continue to be collected from the telecommunications companies and allocated to this institution. The new law would explicitly state the mandatory nature of the collection, which the telecommunications companies currently circumvent by depositing the funds in court awaiting the judgment of an action that would overturn it, an action that has never been judged.

Will it be difficult? Yes, but the government will first be shedding the label of destroyer of a hard-won achievement. It will not be violating any constitutional precept. It will have at its disposal a structure free from the constraints necessary for an entity that needs political independence. And public communication, although with a smaller structure, will continue to exist and rely on the instruments that distinguish its nature.

If the government wants to engage in this debate, society will respond. Congress will improve upon what was done in 2007/2008. And it will be better for everyone.