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This contribution presents a summary analysis of the responses published on the ITU web site as of 27 August 2017. Those responses can be clustered in three categories: OTT providers and one Member State appear to be of view that OTTs are different from other technologies, and that regulation similar to regulation of telecommunications services would not be appropriate; some advocate little or no regulation; and some state that there is no role for ITU in discussion of OTT matters. Telecommunication providers, some Member States, some academic and civil society organizations appear to be of the view there is a need for a level playing field: any regulations that apply to non-OTT providers should also apply to OTT providers, to the extent that they provide similar services (e.g. voice communications); some state that security and data protection issues need increased attention; and some state that any regulation should be evidence-based. Some civil society and academic organizations appear to take the view that privacy, data protection, and security issues need increased attention; some state that network neutrality regulation is needed; and some state that measures to prevent anti-competitive actions may be needed in some cases.
The divergence in responses is easily explained by the conflicting interests of the stakeholders: OTT providers wish to continue to operate as they do at present, with little or no regulation. Telecommunications providers, supported by some Member States (for example because they do not obtain tax revenues from OTT providers), wish to limit the impact of OTT on their business. Civil society is concerned with human rights, including privacy, data protection, and access (network neutrality).
The result of this open consultation well illustrates the limitations of multi-stakeholder approaches. In essence, multi-stakeholder approaches work well when the stakeholders desire a shared, negotiated agreement. In other words, if all stakeholders share common goals, and hence there is a win-win situation. They do not work well when the interests of the stakeholders diverge, as is the case for OTT.
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