Legal issues in the Management of Broadcasting by means of Over the Top System

Abstract

       Nowadays, the internet plays a major role in people’s lives, such as through Video-on-Demand services on mobile phones or other electronic devices, also known as Over the Top (OTT) services. The quick expansion of such services has had an impact on copyright and other issues. However, provisions of the Copyright Act of B.E. 2537 relating to the protection of broadcasting were only slightly modified, which led to the legislation becoming outdated and unable to accommodate current broadcasting technology. The objective of this study is to examine the relevant legal problems and to give recommendations on how to improve the law. Moreover, it suggests guidelines for regulating OTT services in Thailand.

       From an examination of legal problems and of the regulation of broadcasting via the Over the Top system, the author finds that despite these technological advancements, the existing legislation or regulation has not been amended to keep pace. Furthermore, there still is no specific law or organization that provides particular oversight, which is instead handled by organizations and legislation with authority over similar or adjacent matters. Therefore, it is still not possible to fully resolve problems or fully compensate parties that have suffered damages from wrongdoing in such matters.

       The author is of the opinion that the law should be amended to cover all aspects of service provision in the OTT system. Furthermore, the law should task the Office of The National Broadcasting and Telecommunication Commission with supervision of the establishment of an organization that can directly oversee OTT services and that can help solve early stage problems through the regulation of licensure, principles of neutrality (Net Neutrality) and content, for example. This study examines the laws and practices of foreign countries that are relevant to similar issues and problems arising in the Thai context.