Anatel president Carlos Baigorri has proposed a regulatory framework that would mandate OTT platforms to adopt technical traffic-management practices. The regulation suggests that failure to coordinate with telecom operators could be legally classified as improper network use, potentially allowing ISPs to block or throttle service.
The proposal marks a shift in the global 'fair share' debate by weaponizing traffic management technicalities against OTT providers. By framing lack of coordination as a network risk rather than a commercial fee dispute, Anatel bypasses the stalemate seen in Europe and South Korea. For streaming giants, this creates a new compliance layer requiring dedicated engineering teams and potentially eroding the net neutrality protections of the Marco Civil da Internet. If enacted, this framework could force platforms into more integrated technical partnerships with local ISPs to avoid service degradation. Watch for board member Edson Holanda’s formal report, which will determine if these traffic-blocking powers survive into the next administration.
The Anatel proposal enters a highly contested regulatory environment in Brazil. Per Informa and Teletime reporting from late 2024 and mid-2025, the Brazilian Chamber of Deputies has repeatedly weighed Bill 469/2024, which specifically aims to prohibit telecom operators from charging direct network fees to internet application providers. While telco group Conexis Brasil Digital has lobbied for 'fair share' contributions to fund infrastructure expansion, this legislative push has faced strong opposition from digital rights groups and regional ISPs who argue fees would violate the 2014 Marco Civil da Internet (Internet Bill of Rights).
Beyond traffic management, recent executive action has already increased the compliance burden on Big Tech. In May 2026, per Mattos Filho and Demarest legal updates, President Lula signed Decrees No. 12,975 and 12,976. These regulations significantly expanded platform liability for third-party content, requiring proactive monitoring for serious crimes and the retention of logical-port data for one year. The decrees followed a 2025 Federal Supreme Court ruling that weakened the previous safe-harbor protections for digital platforms under Article 19 of the Marco Civil.
Globally, the Brazilian approach contrasts with the European Union's recent trajectory. In January 2026, according to Reuters and IndiaTimes, the European Commission officially declined to mandate 'fair share' payments from large traffic generators like Netflix and Google. Instead, the EU proposed a voluntary cooperation mechanism under its Digital Networks Act, largely to avoid trade friction with the United States. Brazil’s move to link traffic coordination directly to the right to block services represents a more aggressive regulatory posture than currently seen in major Western markets.
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