The National Broadcasting and Telecommunications Commission (NBTC) says the Computer-related Crime Act and the NBTC Act may have to be amended to help govern over-the-top (OTT) platforms to ensure fairness and competition.
The popularity of OTT platforms has raised concerns about how they protect personal data for users, how they are responsible for their content and how they can be leveraged to make contributions in terms of fee collection.
"2023 is the year when the NBTC will shape the regulatory framework and promote the TV industry in various dimensions," said Pirongrong Ramasoota, an NBTC board member.
The NBTC and the Digital Economy and Society (DES) Ministry will find a proper solution based on the regulatory framework in dealing with the OTT business, she said.
The NBTC has the authority now to regulate the TV business and spectrum utilisation, while the DES Ministry has the responsibility to oversee content.
The DES minister scheduled a talk with NBTC board members about the OTT ecosystem this week, but it is still too early to predict an appropriate solution, said Ms Pirongrong.
"The NBTC alone cannot make proper resolutions about handling OTT platforms, while the DES Ministry will help push for a regulatory framework, especially through the amendment of Sections 14 and 15 of the Computer-related Crime Act," she said. These sections deal with punishment for lawbreakers.
As audiences switch to online and streaming platforms, it is unavoidable that the number of terrestrial TV channels decline in the future, said Ms Pirongrong.
Frequency ranges used for TV broadcasts will be gradually shifted to serve increasing broadband utilisation, she said.
The terrestrial TV landscape is now changing following 4K development.
When the existing digital TV licences expire in 2029, the NBTC does not know what the future of TV will be like because the business is changing so quickly, said Ms Pirongrong.
The regulatory framework for TV should be deregulated, she said.
The regulations for the TV business should entail lower barriers to promote fairness and enhance its ecosystem, said Ms Pirongrong.
The regulatory framework will be efficient when the ecosystem takes into account ethics and participation of all stakeholders, she said.
According to Ms Pirongrong, the telecom landscape is also changing as traditional businesses fade out, replaced by data-driven apps.
She said telecom operators are in trouble as OTT platforms are leveraging their infrastructure free of charge, after telecom operators spent a huge amount of money on network installation and regulatory fees.
NBTC management indicated earlier it is pushing for the oversight of a broad range of players in the new telecom market, including OTT services, with what is called a net neutral policy to ensure fairness and market competition.
The NBTC Act defines telecom businesses that fall under the agency's regulation.
The regulator said a more flexible policy is needed to promote businesses in this complicated market.