Thailand NBTC advances regulatory structure for OTT platforms

Thailand’s National Broadcasting and Telecommunications Commission (NBTC) is swiftly developing a regulatory structure for over-the-top (OTT) platforms, focusing primarily on video-on-demand and video-sharing services. This manoeuvre is a further step by the government to supervise domestic and international OTT operators, necessitating that business details be submitted to the regulator to aid in shaping the future of the OTT industry.

OTT services provide consumers with access to media content and communication services via the Internet. Prawit Leesathapornwongsa, an advisor to NBTC commissioner Pirongrong Ramasoota, revealed that the NBTC and the Electronic Transactions Development Agency (ETDA) are in discussions about the issue, although the boards of both state bodies have not yet addressed the matter.

The ETDA has requested the NBTC to establish a regulatory framework for video-on-demand and video-sharing platforms, asking for information about these businesses to be delivered to the NBTC.

At present, the ETDA requests platform operators wishing to operate in Thailand to submit their details to the agency before they can begin operations. Additionally, ETDA is encouraging all existing local and foreign operators to provide their business, services and user information to the agency by November 18, reported Bangkok Post.

This move by the ETDA aligns with the Digital Platform Service (DPS) law, which became effective on August 21. The law is designed to regulate digital platforms to govern operators transparently and bolster consumer protection.

Under the impending framework, OTT platform providers who register their businesses in Thailand through an NBTC channel will be granted permission to operate in the country. However, this does not equate to a licensing scheme.

Foreign shareholding

The NBTC licensing regime applies to licence holders where foreign shareholding does not surpass 25%, making it challenging to enforce this rule on foreign OTT platform providers.

The NBTC intends to administer both domestic and international OTT platform providers in Thailand impartially and equitably through a legal broadcasting scheme. Previously, Pirongrong Ramasoota indicated that certain clauses in the existing Computer Crime Act and the NBTC Act may need to be altered to govern OTT platforms fairly.

The NBTC has jurisdiction over details specifically relating to TV broadcasting and spectrum use, while the Digital Economy and Society Ministry is accountable for content.

The OTT business has posed global challenges and raised concerns over content responsibility, appropriate policy measures for governing operators and how operators can contribute in terms of fee collection.

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