In a semi-attendance session this Tuesday (24), the Senate Plenary approved PL 2.336/2021, a bill that attributes exclusively to the club that hosts soccer matches the so-called arena rights, referring to the transmission or reproduction of games. The topic had already been addressed by Provisional Measure 984/2020, which ended up losing its validity without having been voted on. After that, the Executive itself sent this bill to the National Congress, as a matter of urgency. Reported by senator Romário (PL-RJ), the matter was unanimously approved, with 60 votes, and is now going to be approved by the Presidency of the Republic.
The changes foreseen in the project will be made in the Pelé Law (Law 9,615, of 1998), which today provides for the division of image rights between the owner of the house (the principal) and the opponent (the visitor). With the change, the TV or radio station interested in broadcasting the match will need to negotiate only with one team, and no longer with both. In addition, the club itself will be able to broadcast the event, opening up a new possibility of revenue source. If the game control is not defined, the capture, fixation, broadcast, transmission, retransmission or reproduction of images will depend on the agreement of both clubs.
Romário praised the project’s initiative. He explained that the rights to broadcast sports shows tend to involve large interests of football clubs, associations, television networks and media companies in general, “for moving large amounts of money related to the broadcast of matches.” According to the senator, the market has been regulated so that negotiations take place separately for broadcasting rights on open television, pay television, pay-per-view and streaming services.
– In our view, the constant measures of the project are positive and tend to bring good results for the ecosystem of Brazilian professional sport, especially for football – said Romário.
In the rapporteur’s view, the current model is vulnerable to deadlocks and favors the formation of monopolies over arena rights. He cites the case where only one of the teams closes a deal with a broadcaster and, because of that, sometimes the match ends up not being broadcast. With the new home rule, according to Romário, competitiveness in the negotiation of broadcasting rights increases, which benefits football clubs. The senator also believes that smaller broadcasters and even streaming companies can benefit from the new model, as the arena rights market becomes more flexible.
— This project gives autonomy to the home club and greatly modernizes Brazilian football. The new legislation proposed is positive, as it opens space for new negotiations to emerge – argued Romário.
The arena right is the exclusive prerogative to negotiate, authorize or prohibit the capture, fixation, broadcast, transmission, retransmission or reproduction of images of the sporting event, whatever the means or process. According to the bill approved on Tuesday by the Senate, this right of negotiation will rest with the ordering team. As for the distribution of the values obtained with the arena right, the substitute (alternative text) that had been approved by the Chamber removed the judges and coaches of the clubs from this division. Thus, only players, including reserves, will keep 5% of the revenue from this right, an amount divided equally.
Senator Izalci Lucas (PSDB-DF) even presented an amendment to include coaches in this division. But, as the suggestion was not accepted by the rapporteur, Izalci asked that his amendment be voted separately. After negotiation in the Plenary, Izalci removed the highlight and informed that he will present a specific project on the issue.
When there is no definition of the game control, the transmission will depend on the consent of the participating teams. However, this rule does not apply to contracts whose object is transmission rights entered into before the effective date of the legislative amendment. The project keeps intact the current wording of a provision that attributes the right to the arena to all entities participating in the match, with the exception of football. Thus, the law now has a rule for football (art. 42-A) and another rule for other sports (art. 42).
Under the Pelé Law, companies holding a concession, permission or authorization to operate sound and sound and image radio broadcasting services, as well as pay television, are prohibited from sponsoring or broadcasting their own brand and that of its channels and titles. their programs in the competition uniforms of sports entities. The project approved on Tuesday adds this ban on sponsorship or placement in other media that are located in the facilities of sports spaces.
Several senators manifested themselves, stressing that the project is an advance for Brazilian football. Eduardo Girão (Podemos-CE), Esperidião Amin (PP-SC), Jorginho Mello (PL-SC) and Omar Aziz (PSD-AM) and the president of the Senate, Rodrigo Pacheco, praised Romário’s report.
By supporting the proposal, senator Carlos Portinho (PL-RJ) declared that, as the law stands today, “the club in charge does not order anything”. For him, the project allows the football club to fully exercise the right of principal and will collaborate with the restructuring of national football.
— Today is an important day for Brazilian football. This project is the independence of the main club – celebrated Portinho.
Agência Senado (Reproduction authorized upon citation of Agência Senado)