- What are the opportunities and implications associated with OTT?
The opportunities are vast. Clearly, even on fairly crowded app market we are seeing lots new servicesdeveloped. However, we also see how telecom operators are failing to compete with new free services and how governments want to regulate some OTT market segments, that is historically regulated (because of censorship or monopolies). On the other hand, OTT services are concerned with Net Neutrality, power of platforms and anti-competitive practices of large platform players.
- What are the policy and regulatory matters associated with OTT?
Net Neutrality – obvious issue given that in most countries there is not enough competition on broadband market.
Internet access - for OTT to flourish you need infrastructure first.
De-intermediation – many current regulations were created with established intermediaries in mind. But OTT usually try to connect to consumers and content providers directly.
Content regulations – lots of regulations from TV and radio era, not really applicable to OTT, but still in place. Similar issue with regulation of advertising practices for Online TV or music streaming.
Personal data protection: from relative freedom in USA to GDPR in EU, rules are very different in each country and global OTT have a really hard time navigating it. On the other hand, personal data protection is needed.
Deregulation of previously regulated areas – in general, OTT replace old services that often were heavily regulated by Governments. Which regulations are necessary to keep? Which still make sense for global internet?
Data retention – law enforcement around the world trying to brake encryption and force OTT to retain user data.
- How do the OTT players and other stakeholders offering app services contribute in aspects related to security, safety and privacy of the consumer?
Some are disaster, most are better on every level than traditional services. Since competition is fierce actually protecting consumer is a huge competitive advantage. For example, apps like Signal or Telegram are way more secure that traditional telecom services.
- What approaches might be considered regarding OTT to help the creation of environment in which all stakeholders are able to prosper and thrive?
First of all, we need to protect competition against legacy players. This is why things like Net Neutrality or limiting secondary liability for information intermediaries are necessary. Second, we need to keep platforms in check so startups can still flourish. Third, we need reasonable international rules on things like data protection.
- How can OTT players and operators best cooperate at local and international level? Are there model partnership agreements that could be developed?"
Good example would be content partnerships. Fintech is another one – many of such services are done with cooperation from OTT and telco. In general, OTT and operators are interested in data sharing – but we need a good legal framework for this.