On June 10, 2025, Thailand's Supreme Administrative Court accepted for consideration a pivotal lawsuit concerning the regulatory obligations of administrative agencies over internet-based television broadcasting services, commonly referred to as over-the-top (OTT) services. This court's decision in the case may set important precedents for how OTT platforms are regulated, especially regarding consumer protections and advertising practices.
Background
A user of an OTT television application initiated legal action against the National Broadcasting and Telecommunications Commission (NBTC) and related officials, alleging that the lack of clear regulatory criteria and oversight allowed OTT operators to broadcast general television content while compelling users to view advertisements before and during programming. The plaintiff argued this constituted consumer exploitation and claimed that the responsible authorities neglected or delayed their statutory duties under the Act on the Organization to Assign Radio Frequencies and Regulate Broadcasting, Television, and Telecommunications Services B.E. 2553 (2010).
Initially, the Central Administrative Court declined to accept the lawsuit. However, on appeal, the Supreme Administrative Court determined that the claim fell within its jurisdiction, noting that OTT television services—defined under section 4 of the governing act—are subject to the same regulatory framework as traditional television services, regardless of the transmission method (frequency, cable, internet, or other system).
Implications for OTT Services
The key implications for OTT services concern the following issues:
- Regulatory oversight: The court recognized that OTT television services are explicitly covered under Thailand's broadcast regulatory regime. Regulatory agencies may be compelled to establish clear operational rules and oversight mechanisms for OTT providers.
- Consumer protections: The plaintiff's claim that excessive or unavoidable in-program advertising constitutes consumer exploitation was acknowledged as a matter of public interest. This may prompt stricter advertising standards for OTT platforms.
- Licensing requirements: The case raises the prospect that OTT operators may be required to obtain licenses from the NBTC, ensuring that such services are brought fully within the legal and regulatory framework governing media in Thailand.
- Administrative agency accountability: If successful, the lawsuit could result in enforceable deadlines for the NBTC and related agencies to issue rules and take regulatory action, enhancing administrative accountability.
Recommendations
OTT service providers should closely monitor developments in this case and prepare for possible new regulatory obligations, including licensing and advertising restrictions. Stakeholders are advised to review current compliance policies and assess the impact of potential changes to Thailand's broadcast regulatory framework.
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