Gov't Targets Chinese OTT Services|NCC:愛奇藝鑽漏洞 要讓中資OTT下架

Many people watch TV series and movies via iQiyi's Taiwan website. Recently, acting National Communications Commission Chairperson Chen Yaw-shyang said over-the-top providers funded by Chinese capital, such as iQiyi, will be banned. However, scholars say current laws do not prohibit roundabout ways to bypass current restrictions, so banning iQiyi would require first amending laws.

Many people use iQiyi's Taiwan website to watch television shows and movies. They cast the content from their phones or computers to television screens, and enjoy it in high definition. However, iQiyi is funded by Chinese capital, and Chinese media organizations are banned from setting up Taiwan-based services. At present, iQiyi uses the Hong Kong-based "Qiyi" to carry out related services, with "OTT Entertainment" acting as its agent in Taiwan. The National Communications Commission believes iQiyi is exploiting a loophole in current laws. During a legislative interpellation, the acting chairperson said over-the-top providers funded by Chinese capital will be banned.

Basically speaking, iQiyi was never a legal operation in Taiwan. That's why we're banning it. But you weren't successful in banning it, it found a way to bypass it.

On May 15, the NCC invited representatives from the Ministry of Economic Affairs, Ministry of Culture, and the Taiwan OTT Association to attend a meeting and discuss the possibility of first implementing a ban based on "illegal advertisements." The agent said it has not received any notification, and it believes the government will proceed according to law. With regards to the legal basis of the government's actions, scholars say the current system does not prohibit OTT providers funded by Chinese capital to enter Taiwan through roundabout ways. Therefore, the government will first have to amend the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area and formulate a law dedicated to OTT if it wants to ban them.

There's probably no way to prohibit agents from undertaking related work under current laws. Perhaps the NCC is intending to enact controls starting with funding sources. However, this way it will also run into the aforementioned problem. Perhaps you will have to enact or amend laws if you want to prohibit or ban the transmission of advertisements.

Scholars add that people will still be able connect to sites in China if the NCC bans iQiyi's Taiwan site unless the government seals off the network. They advise Taiwan to reflect on how to strengthen Taiwan's native OTT providers and increase their viewer numbers.

不少民眾習慣用愛奇藝追劇,更會從手機或筆電轉接到電視螢幕,享受高畫質電影、戲劇。不過愛奇藝台灣站是我國未經許可的中資事業,目前是委託香港「奇藝」進行相關業務,再到台灣這端由「歐銻銻娛樂」代理,NCC認為這是鑽法律漏洞,在民進黨立委質詢下,代理主委陳耀祥脫口要讓中資OTT下架。

民進黨立委 范雲 vs. NCC代理主委 陳耀祥表示:「 基本上來講,愛奇藝本來在台灣不是合法的產業,我們就是讓它下架,這樣的作法。(但是你們下架不成功啊!) 它繞道了。」

NCC在15號,邀集經濟部、文化部、台灣OTT協會等代表開會,研議先從「非法廣告」下架的可能性。代理商回應,尚未獲得任何形式通知,他們相信政府會依法行政。而說到法源依據,學者指出,現行制度並沒有禁止中資OTT繞道登台,所以如果要下架,就必須修正「兩岸人民關係條例」,以及制定OTT專法,雙軌並行。

北科大智慧科技法律政策研究中心主任 江雅綺表示:「以現在法令的話,大概沒有辦法,禁止代理業者去從事相關的行為,(NCC)目前可能是想要從金流方面,著手去管理,但同樣會遇到,剛剛所提到的問題。依照目前法令規範,如果要禁止,或要求廣告停止播放,可能需要立法或修法。」
  • 新聞關鍵字: NCC愛奇藝民進黨范雲電影

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