Net Neutrality Regulations in Thailand towards the Basis of Free and Fair Competition: Stick or Carrot?

Abstract

This paper intends to examine whether net neutrality (NN) is a legitimate concern in Thailand. The issue of NN currently plays a major role in debates in many countries, while simultaneously posing challenges for policymakers. It is expected to become part of the global mainstream discussion in the near future. Net neutrality has impacts on various aspects of economics, politics, and society. In addition, the role of NN in telecommunications is of the utmost concern, especially its role in regulatory frameworks for content providers as it pertains to Over-the-Top (OTT) services, which have been increasing rapidly in recent years. Thus, this topic needs to be discussed and explored to determine whether NN is appropriate for Thailand, especially in the field of telecommunications regulations by drawing upon the documentary research to address the competitive concerns motivating NN rules and the potential impact of the proposed rules on consumer welfare. Results show that there is significant and growing competition among Internet service providers (ISPs), and that few meaningful competitive problems have been observed to date. Moreover, the zero-rating practices in Thailand have been generally harmless to users up to this point. Therefore, it seems that Thailand is better suited to a non-net neutrality (NNN) scenario, with ex-post or light-touch regulations, until there is compelling rationale motivating a move to NN as is being recommended by policymakers in Thailand.