CASBAA Briefing Paper - Regulation of Exclusive Carriage Contracts in the Asia-Pacific

Thursday, 02 July 2015

Exclusive carriage of TV programming on specific broadcast distribution platforms is a well-accepted practice in almost all parts of the world. An updated CASBAA briefing paper clarifies the current situation with regard to regulation of TV exclusivity by governments across Asia and elsewhere in the world.

Full Article


CASBAA Fact Sheet on Essential Content Lists

Thursday, 02 July 2015

This paper provides background information on the practice adopted by some governments of requiring "essential content" to be shared among TV operators. It includes a table showing the content sharing lists of governments in Europe and Asia, and takes account of latest developments in Malaysia and Singapore.

Full Article here


Summary of Cross-Media Ownership Rules

Thursday, 12 December 2013

CASBAA is joining with media and telecom companies in Hong Kong to recommend a series of changes in the HK SAR's Broadcasting Ordinance and Telecom Ordinance. In keeping with the global trend toward lightening restrictions on licensed TV (as competition with unregulated internet-based OTT and pirate offerings becomes ever more intense), the Hong Kong group is recommending that the government relax some of the current outdated restrictions on advertising, content regulation, and cross-media ownership (among other things).

The full recommendations will be released soon; in the meantime here for information is a background survey on cross-media ownership prepared by CASBAA. CASBAA's view of the overall issues with unbalanced regulation of licensed television and unlicensed OTT is contained in our publication "A Tilted Playing Field," which can be accessed here.


ADB Study: Cultural Promotion is Fine, but Quotas Should Be Avoided

Monday, 30 April 2012

The Asian Development Bank has released a thoughtful study on issues surrounding trade in Audio-Visual Services (which includes the international pay-TV industry).   The paper (“Audio-Visual Services: International Trade and Cultural Policy”) was discussed at an ADB /OECD seminar in New Delhi in January 2012.

The paper concludes there may be good reasons for governments to promote their own audio-visual industries and maintain local cultures.   But it also says that some types of measures are less likely to damage economic growth than others.  Subsidies for local production, and even-handed constraints on media control and concentration were cited as more beneficial; quotas restricting international trade as more damaging.  The paper notes that.

The entire paper can be downloaded here


Facts about Regulation of Pay-TV Rates

Wednesday, 27 July 2011

One frequently-discussed issue in pay-TV regulation is government control of retail rates.  CASBAA produced an up-to-date “Fact Sheet” describing rate regulation practices in Asia and Australasia.   Much more info on pay-TV regulatory policies will be published in CASBAA’s “Regulating for Growth 2011” study, to be released in late September.  See the Fact Sheet on Rate Regulation here.


European Expert compares Economic Regulation in Europe and India

Wednesday, 24 March 2010

Speaking at a recent CASBAA seminar in India, a European legal expert and former international affairs chief at the UK Competition Authority, outlined differences in European and Indian approaches to regulation in the pay-TV industry. Andrea Appella, now Director of Legal, Competition and Regulatory Affairs at News Corp in London, advised Indian regulators to adopt a lighter touch, avoiding “ex ante” regulation except where there was demonstrable market dysfunctionality that could not be cured by recourse to standard competition law. To read Mr. Appella’s full presentation click here.