The National Broadcasting and Telecommunications Commission (NBTC) has no authority to supervise streaming operations of over-the-top (OTT) platforms based on existing regulations, says NBTC chairman Sarana Boonbaichaiyapruck.
He said broadcasting content on OTT platforms is not within the scope of broadcasting services defined by the NBTC law.
Dr Sarana said the government must have clear definitions if it wants to regulate OTT platform operators more stringently. This involves issuing additional laws or giving the NBTC more direct power, he said.
OTT is a method of delivering content over the internet, rather than via traditional broadcast TV or satellite channels.
The issue made headlines this week after an NBTC commissioner, Pirongrong Ramasoota, was sentenced to two years in jail for dereliction of duty arising from a complaint filed by True Digital Group.
The company filed its complaint after Ms Pirongrong responded to complaints from consumers about commercials being inserted into free-to-air programming carried on the TrueID platform. True said her comments gave the impression that it was operating an OTT platform illegally, when in fact there was no law saying it required permission from the NBTC.
“I think supervision of OTT platforms should be done carefully as that business landscape is vast and involves many sectors, including international politics, businesses and citizens,” Dr Sarana said on Friday.
“Many platforms have content produced by users, and these platforms are important marketing channels for businesses.”
He said supervision of the OTT platform should involve good governance and cooperation among regulators of regional countries to address potential negative factors.
Several laws and regulations apply to content aired via traditional broadcasting platforms such as terrestrial digital TV, as well as the internet and OTT, said Dr Sarana.
These laws and regulations include the Computer Crime Act, the Criminal Act, the Personal Data Protection Act, the Consumer Protection Law and the NBTC’s regulations governing content in the consumers’ interest.
DPS law
The Electronic Transactions Development Agency is the sole agency under the Digital Economy and Society Ministry that regulates digital service businesses, including digital platforms and digital ID service providers under the Digital Platform Services (DPS) law.
The DPS law requires digital platform services to report their business information and verify their identities before providing services.
Dr Sarana said broadcast content as defined by the NBTC law differs from content aired on OTT platforms. Broadcasting content on conventional channels is meant to reach the public, according to current laws.
In contrast, watching content on OTT streaming systems is done on an on-demand basis, requiring viewers to download and pay for an internet connection or special packages. This can be called broadcasting according to personal needs, he said.
Draft framework
An NBTC source who requested anonymity said the regulator’s working committee, led by Ms Pirongrong, began drafting a regulatory framework last year to govern the OTT platform, especially for video-on-demand and video-sharing businesses.
The draft is expected to be finalised soon and submitted to the NBTC board meeting.
Under the draft framework, the source said if OTT platform providers inform the NBTC of their presence in the country, they will receive a permit to operate the service instead of a licence.
The committee’s framework plans to govern both domestic and international OTT platform providers on the basis of equality and fairness with its broadcasting scheme. Foreign shareholding will be limited to a maximum of 25%, said the source.
Some clauses of the Computer Crime Act and NBTC Act may have to be amended to help govern OTT services, said the source.
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