Judge Flávia de Macedo Nolasco granted a judicial appeal in favour of Fox, against the Brazilian National Telecommunications Agency (Anatel) to cancel the offer of Fox+, the OTT that offer Fox linear channels in the direct to consumer model.
According to Nolsaco’s judicial appeal, ‘there are extreme doubts in the area and a deeper analysis is necessary’, and also asked for public consultations to be held. At present, Anatel’s precautionary measure against Fox+ is suspended, and it is up to the Agency to appeal the decision.
The Agency’s action against Fox, in which the restriction of Fox+, its direct to consumer OTT, is requested, took place after the complaint made by Claro Brazil, where it alleged that the company offered its contents on the internet through the ‘TV ao Vivo’ application. According to Anatel, the product would violate the Audiovisual Content Law in Brazil (named ‘Seac Law’). In that country, vertical integration in pay TV is banned, which means that a content generator can not participate in its distribution process.