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In this consultation response, we set out how new and/or cheaper OTT services, as well as the increased range of relevant media and content that they provide, present a multitude of opportunities, particularly with respect to their potential to promote sustainable development and enhance the enjoyment of human rights. However we also highlight that there are potential adverse implications resulting from OTT services, particularly with respect to privacy and data protection, that need to be considered.
With respect to policy and regulatory responses to OTT services, we note the importance of ensuring that the privacy and data protection rights of OTT service users are sufficiently protected. We also recommend that consideration be given to ensuring that responses do not adversely impact upon freedom of expression. We caution against simple replication of existing responses to traditional services, which may not be relevant or appropriate.
Finally, we set out a range of principles that should guide the development of any policy or regulatory responses to OTT: (i) responses should be developed in an open, inclusive and transparent manner; (ii) relevant regional economic unions should play a role in developing common responses, alongside national level responses; (iii) responses should be consistent with international human rights law and standards; and (iv) responses should not undermine or inhibit the benefits and opportunities presented by OTT services. We believe that the best way for OTT players and operators to cooperate, whether at the local or international level, is through dialogue and, where possible, the agreement on common principles and standards to ensure that the rights of users are protected. We do not believe that model partnership agreements would be effective or appropriate tools to leverage the opportunities and benefits of OTT services.
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