Brazilian Justice allows 2DC OTT Fox+ direct marketing

Fox is able to redistribute linear channels directly to consumers through the internet in Brazil, after the Brazilian Justice granted the request for suspensive effect on the National Telecommunications Agency (Anatel) request to the court order obtained by Fox to market the Fox + service.

This way, the company can offer the service again, although it had already announced that Fox + and Fox Premium are no longer marketed directly in the application without a pay TV operator involved.

The agency’s measure y against Fox took place after the complaint filed by Claro Brazil, where it alleged that Fox offered its contents on the Internet through the application ‘TV ao Vivo’. According to Anatel, the product would violate the Audiovisual Content Law in Brazil. In that country, vertical integration in pay-TV is banned, that is, a content generator cannot participate in its distribution process. After Claro’s complaint, Anatel filed an order that suspended Fox’s linear content offer through the internet directly to the consumer.

Anatel’s decision took Fox to court, obtaining an order to cancel the court order and continue offering the service. The Agency, in turn, appealed to the Federal Regional Court (TRF) at Brasilia, and managed to revoke Fox favorable order. With the new measure, the appeal obtained by Anatel was suspended.

Together with the dispute in the Brazilian Courts, Claro’s complaint and Anatel’s decision led all groups interested in distributing content through the internet to work with the Congress to request a review of the legal framework related with these issues.