Abstract
The new audio-visual service OTT TV is changing consumers’ preference on choosing entertainment contents with approaching of the age of digital convergence. However, OTT TV is almost not subject to relevant laws and regulations. In contrast, other existing audio-visual services are subject to heavy regulations. Whether the regulation asymmetric between OTT TV and other audio-visual services might intensify unfair competition or violate the principle of equality has become popular legal issue. This paper first analyze the similarity between OTT TV and other audio-visual services, discussing the necessity of identical regulation in view of the principle of equality in Constitution. After comparing characteristics of audio-visual services and regulation necessities attached to its characteristics, this paper find out that OTT TV and other audio-visual services consider to be “partially identical but partially different”. Therefore, the regulation asymmetric seems to be justified and not violating the principle of equality in Constitution. Even though the regulation asymmetric does not violate Constitutional principle, it shall still be examined by international trade law. Taiwan is a member of the World Trade Organization, therefore it is necessary for us to comply with relevant regulation in trade of services. The General Agreement of Trade in Services requires members to treat like-services without discrimination. This paper find out that OTT TV and other audio-visual services are not like-services after analyzing the determination of international trade practices. Thus the regulation asymmetric may not constitute discrimination. The regulation asymmetric in question seems to be justified under the principle of equality in Constitution and the principle of non-discrimination in international trade law. However, taking high-pace evolution in digital convergence into consideration, whether OTT TV and other audio-visual services are like-services and should subject to same regulation is still a question without definite answer. Therefore, it is necessary to continue tracking the impact of changes in the overall science technology and reform relevant regulation simultaneously.