Thai Regulator Enforces 'Must Carry' Law to End Sea Games Broadcast Blackout

NBTC mandates that the 33rd Southeast Asian Games must be shown on all free television platforms, overriding exclusive rights deal to ensure public access.

Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has issued an urgent resolution to invoke its Must Carry and Must Have regulations. 

This decisive action is designed to ensure that the live broadcast of the 33rd Southeast Asian Games (Sea Games) is made available across all free-to-air television platforms, thereby guaranteeing public access without blackouts or restrictions.

The mandate was triggered after the Sports Authority of Thailand (SAT) granted exclusive broadcasting rights to a single private entity. 

This move was deemed to violate the principle of universal access to major national and international events.

Trairat Wiriyasirikul, the acting secretary-general of the NBTC, confirmed that the issue was placed on the commission’s agenda after receiving notification from non-frequency-based television network operators. 

These operators reported they were unable to carry the Sea Games content on their platforms under the Must Carry rule because the SAT had transferred the Exclusive Rights for the Thai broadcast to the private company.
 

Compliance with Essential Programme Criteria

The NBTC has instructed its Office to formally notify several government bodies, including the Cabinet, the Prime Minister’s Office, and the Ministry of Tourism and Sports, regarding the obstacles created by the exclusive rights management.

The NBTC’s ruling is based on two key notifications:

• The NBTC Notification on the Criteria for Essential Television Programmes to be Broadcast Exclusively via General Television Services (2012 and amendments), which classifies events like the Sea Games as essential programming.

• The NBTC Notification on the Criteria for the Dissemination of General Television Services.

The regulator has explicitly ordered the SAT and the Public Relations Department (PRD) to ensure that the management of the broadcast rights and signal transmission complies with Clause 3 of the 2012 Notification. 

This clause legally mandates that essential sporting events must be aired on general services to guarantee public reach.

Furthermore, the NBTC stressed that the private rights-holder must permit NBTC licensees (digital terrestrial operators and non-frequency-based network providers) to carry the broadcast content.
 

Understanding Must Carry and Must Have

The NBTC’s intervention relies on two fundamental principles of broadcasting regulation:

Must Have: This rule dictates that major national and international events must be secured and made available on Free TV channels to ensure comprehensive public viewership.

Must Carry: This rule legally obligates all television platforms—including satellite, cable, and internet-protocol television (IPTV) operators—to re-transmit the designated Free TV channels without technical interruptions or signal blackouts.

This mechanism guarantees that citizens have equal access to essential information and public services, preventing the monopolisation of such broadcasts on pay-per-view systems.

The commission asserted that granting exclusive rights violated the spirit of the rule, as the Sea Games is classified as a Must Have event, requiring unconditional public access through all general television services.