Preventive measures published yesterday, by Anatel which determined Fox to stop broadcasting its linear TV programs on the Internet, Fox +, so that it complies with SeAC's Law (Pay TV Law), only the first round of a fierce dispute that has mobilized the Brazilian and foreign giants.
The entity representing Brazilian commercial TV broadcasters – Abert and Abratel – now alludes to Moving Pictures of America (MBA), which represents the billionaire audiovisual industry in the United States, and TAP (Programmer Association Association), which also joins as third parties interested in the process is being reviewed by Anatel, which, after issuing the order, notified the market that it would carry out extensive consultations on this matter.
And NeoTV, a national entity created to negotiate better audiovisual content channels for pay TV operators and ISPs, will also ask to be a third party interested in the process.
Alex Jucius, president of the entity, is a strong supporter of the decision of the regulatory body. "That is the right decision and courage," he said. He observed that the SeAc Law was only a few years old, and the Act was approved after broad agreement between various agents in the audiovisual and telecommunications sectors, and therefore, could not be changed by "casuistic actions".
"There are limits in the debate, he acknowledged," but that can only be modified through new and extensive renegotiations, "he said.
This border is the fact that Article 5 of this law makes it clear that linear or direct channels must be framed in the SeAc law, regardless of the media in which they are transmitted, according to Claro, who joined the process. But content producers argue that this will be a Value Added service, and hence, outside the Anatel domain.
Following the issuance of the order, Anatel now intends to expand the debate, before the decision by the Anatel Board of Directors. Among the concerns of the agency, according to the precautionary measures issued (and published yesterday by Tele.Síntese) are the fact that SeAC Law sets a quota for the dissemination of Brazilian audiovisual content and is also independent of large media conglomerates, which Fox and Fox + will not fulfill.