| 英文摘要 |
Viewers prefer watching the audiovisual content via the Internet rather than via traditional pay TV services. The content service from the emerging over-the-top (OTT) online services is under a light touch regulation and no ex ante regulation is imposed; however, the OTT and other TV services offered by regulated broadcasting or telecommunication operators have become rivals at the same level that may lead to a controversy of unfairness or regulatory loophole. Since the development of emerging services dramatically alters the way of consuming and the legacy regulation cannot provide proper solutions to the up-to-date questions, we should seek the possibility of a paradigm shift deriving from new regulatory concepts. The European Union’s Framework Directive has established the dual regulation by separating transmission and content. In addition, the new Audiovisual Media Service Directive is enacted to incorporate linear and non-linear content into the same regulatory framework and introduce the private ordering (co- and self-regulation) in order to transform the mindset from government to governance. The content regulation of communications industry in Taiwan is usually under the identical licensing system of platform (network/ operation) regulation and it often causes the fallacy of regulatory mismatch. This paper argues that the legitimacy of content regulation bundled with legacy broadcast licensing system is weak, especially in the context of vigorous development of OTT audiovisual services today. Therefore, the regulator should adopt an unbundling regulation of separating platform from content, and consider a more appropriate model of governance for content. |
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