casbaa’s 2015 survey of ott tv and pay tv broadcasting policies in asia casbaa policy roundtable...
TRANSCRIPT
CASBAA’s 2015Survey of OTT TV and Pay TV Broadcasting
Policies in Asia
CASBAA Policy RoundtableExecutive Session
Monday, October 26th, 2015
John Medeiros, Chief Policy OfficerJanine Lapworth, Senior Consultant
CASBAA Members
Membership by Sector
*Includes agencies, consultancies, law firms, and research companies.
37%
20%14%
15%
14%
Channels/Content ProvidersSatellite Operators & Service ProvidersPlatformsTechnology/Hardware/SoftwareOther *
2015 Survey
• CASBAA engaged with Knowledge Partners in 17 Asian jurisdictions and the 2 benchmark jurisdictions of the United States and the United Kingdom.
• Investigated and reported on regulation of pay television and “over-the-top” television in each jurisdiction.
2015 survey outputs
• Wallchart of pay television regulation• Online summaries of pay television and over-the-top
television regulation, by jurisdiction (with comparison tool): available at http://www.casbaa.com/rfg
• Print publication with summaries of pay television and over-the-top television regulation, country reports and analysis: forthcoming
• Online summaries of advertising regulations for pay television and over-the-top television, by jurisdiction: forthcoming
“OTT TV”
• Catch-up for local pay/FTA services• Linear online simulcasts of local pay/FTA channels• Video embedded in websites such as online newspapers and
periodicals, official websites for local TV services• Transactional video on demand, eg. iTunes• Subscription video on demand, eg. Netflix• International live streaming services with subscription revenue
base, eg. willow.tv• International video services with advertising revenue base, eg.
YouTube• International services sharing pirated content, eg. Popcorn Time
APAC Internet Traffic
2014Gaming
Business
Consumer Data
Consumer Video
File "Shar-ing"
Source: Cisco VNI
2019
GamingBusinessCons. DataCons. VideoFile "Sharing"
Since the last review (2012) ...
• No new licensing regimes. • Still generally-applicable content prohibitions, plus
regulation ranging from strict to self-regulation to no formal regulation.
• Still generally applicable advertising prohibitions in most jurisdictions and otherwise, advertising self-regulation common. Internet advertising less constrained.
• Mushrooming piracy. Some site-blocking but not enough to manage the threat.
Since the last review (2012) ...
• Operators “getting on with it”, with introduction of numerous new services across the region, in spite of (not because of) regulatory environment:– Uncertainty (paper vs practice)– legitimate/local OTT TV services vs
illegitimate/offshore OTT TV services– pay TV services vs OTT TV services
OTT TV: paper vs practice
• “Cosmetic regulation” on paper. • In reality – often, no enforcement mechanism
for offshore OTT TV services, and even if there is a theoretical mechanism, little or no enforcement action actually taken.
• Applies to both media regulation (eg. content) and IP rights protection.
Legitimate/local OTT TV vs illegitimate/offshore OTT TV
• Legitimate local OTT TV operators disadvantaged in competition with:– Pirate and other illegitimate sites (eg.
pornography)– International sites which are in practice not
subject to same rules• Result of unfair competition: – Barrier to entry for new services– Some services failing due to unfair competition
Pay TV vs OTT TV
• “Traditional” pay TV operators even further disadvantaged (in terms of their pay TV platforms and, at times, on their OTT TV platforms) compared with new, third-party OTT TV operators, including:– licensing and rate regulation– content rules (local content quotas, scheduling ,
censorship)– advertising rules (minutage restrictions, “Made in ...”
requirements) – program supply (content sharing, a la carte rules)– constraints on foreign investment
Pay TV vs OTT TV – a comparative continuum
Pay TV regulation
OTT TV regulation
Singapore? South Korea? Vietnam?
Light Strong
CambodiaMyanmarSri Lanka
Hong KongJapanNew Zealand
AustraliaMalaysiaPhilippinesSingaporeSouth KoreaThailand
IndiaIndonesiaTaiwanVietnam
China
Light Strong
CambodiaHong KongIndonesiaMyanmarPhilippinesSri LankaTaiwanThailand
IndiaJapanNew Zealand
Australia Malaysia
China
For the regulators
• OTT TV – further “onshore-only” regulation likely to have unintended detrimental consequences for legitimate local operators.
• Pay TV - consider whether legacy regulatory environment still necessary and appropriate given the wide availability of unregulated media. (And don’t make matters worse, with big new tilts in the playing field!)
For the regulators
• IP enforcement against pirate websites will make it easier for legitimate operators to compete by discouraging both supply and consumption of illicit content:– Effective legal framework, targeting not only
businesses but, where appropriate, consumers– Active enforcement by government and industry– International cooperation– Consumer education
For the regulators
• For content regulation, in addition to alternatives to broad government regulation (such as industry self-regulation), consider non-regulatory approaches: – technological solutions (filters/parental controls) – consumer education and assistance (“trusted
sites” lists/”trusted channel” lists)
THANK YOU