'Must carry' rules may cause copyright problems: TV industry
The operators of free TV channels could run into copyright-violation problems if upcoming "must carry" regulations are not followed cautiously, broadcasters and a media agency have told The Nation.
Last week, the National Broadcasting and Telecommunications Commission (NBTC) approved the draft of a regulation guaranteeing the basic right to access all free-to-air TV content in the Kingdom on any platform, without any conditions.
However, Wichit Aurareevorakul, executive adviser of the Thailand Cable TV Association, said that though cable TV operators would benefit from this, as they will be able to pass through or rebroadcast TV programmes from free-TV channels legally, it also might cause copyright problems for free-TV channels. And this factor will multiply along with the number of digital TV channels, expected to reach between 50 and 60 channels from only six channels now.
The free-TV channels that could run into copyright issues as a result of the regulation include BEC’s ThaiTV3, the Royal Army’s TV5, BBTV’s Channel 7, MCOT’s Modernine TV, NBT and ThaiPBS, as each operator has imported content such as sports, movies, TV series, live broadcasts and cartoons.
The draft of the must-carry rule will go before a public hearing at Bangkok’s Century Park Hotel this afternoon.
The revised draft will then be submitted for NBTC approval on Wednesday, before the regulations are announced in the Royal Gazette.
Under the must-carry rules, transmission frequencies for radio or television broadcasting and telecommunication are considered national resources for the public interest.
Therefore, free-to-air TV operators must be responsible for providing public broadcasting services across the country on any platform.
Moreover, those companies that hold media rights to such events as the quadrennial Euro soccer tournament must be aware of this regulation before striking any deals with free-TV operators.
The must-carry rules are expected to be imposed on both existing analog terrestrial television channels and coming digital services.
Once the NBTC issues licences for digital TV broadcasting, network providers must carry public broadcasting services, such as NBT and ThaiPBS. However, network providers will be able to select commercial channels voluntarily.
Surin Krittayaphonphun, executive vice president at BEC, said the company had to acquire the rights to broadcast imported programmes. The NBTC should allow the free-TV operators to seek revenue from cable and satellite TV operators that want to pass through such content on their platforms.
Soonthorn Areerak, managing director of media agency GroupM ESP (Entertainment and Sports Programmes), said rights owners had been increasingly emphasising copyright restrictions for the past five to six years because of the development of media platforms ranging from traditional media such as terrestrial, cable and satellite TV to new media such at Internet-protocol TV, mobile TV and YouTube. Therefore, the coming must-carry rule should be sensitive to various copyright restrictions to avoid violations.
