Over-the-top (OTT) streaming has revolutionised the way we consume media, offering unparalleled convenience and a vast array of content at our fingertips. As traditional television networks struggle to maintain their audiences, OTT platforms like Netflix, Amazon Prime, and Showmax continue to surge in popularity in South Africa and across the world.
However, as this industry rapidly evolves, it brings with it a host of legal and regulatory challenges that lawmakers are scrambling to address.
Pros of OTT Streaming
One of the primary advantages of OTT streaming is accessibility. Consumers can watch their favourite shows and movies anytime, anywhere, without being tethered to a television set. This flexibility is especially appealing to younger audiences, who prefer viewing content on mobile devices.
OTT platforms offer a diverse range of content that caters to various tastes and preferences, from indie films to niche documentaries. For example, the launch of RugbyPass TV in South Africa last year provided rugby fans with a dedicated platform for live matches, highlights, and exclusive documentaries.
Speaking about the service, Kim Ekin of Rugby365 told us that “Rugby is a rapidly growing game globally. By leveraging technology, we can now deliver the action that everyone loves through both traditional broadcast channels and straight to their devices. RugbyPass TV provides a central platform for people to access the content they want, when they want, wherever they are. It’s a huge benefit for the game and a major step in the right direction for all sports.”
Moreover, the subscription model of OTT services can be more cost-effective than traditional cable or satellite TV packages. With multiple tiers and options, viewers can choose plans that best fit their needs and budgets. This affordability, combined with the absence of long-term contracts, makes OTT streaming an attractive alternative.
Cons of OTT Streaming
Despite its many benefits, OTT streaming has drawbacks. Content fragmentation is a significant issue; with multiple platforms holding exclusive rights to popular shows and movies, consumers often need to subscribe to several services, which can become expensive and negate the cost-saving benefits of cutting the cord.
Additionally, streaming quality is heavily dependent on a stable, high-speed internet connection. In areas with poor connectivity, viewers may experience buffering, lag, and reduced video quality, which can detract from the overall viewing experience.
Lastly, the abundance of content available on these platforms can overwhelm viewers, leading to decision fatigue, where the sheer volume of choices becomes more of a burden than a benefit.
Current and Future Legal Issues
The rise of OTT streaming has outpaced legal frameworks, leading to several challenges. Intellectual property rights are a major concern, as the global nature of streaming complicates copyright enforcement. Platforms must navigate varying regulations in different countries, causing inconsistencies in content availability and legal compliance.
Data privacy is a critical issue. OTT platforms collect extensive user data for personalised content and targeted ads, raising concerns about data storage, usage, and sharing. High-profile breaches and increasing privacy awareness are pressuring lawmakers to implement stricter regulations to protect consumers.
Piracy remains a persistent problem. The ease of accessing and sharing digital content has led to widespread illegal streaming and downloading. OTT platforms invest heavily in anti-piracy measures, but the rapid evolution of technology means that enforcement is always playing catch-up.
The Future of TV Rights and Legislation
As OTT streaming dominates the world of media, traditional TV rights will undergo significant changes. Broadcasters must adapt by partnering with streaming services, creating hybrid models, or developing their own OTT platforms.
Legislators need to modernise laws to keep up with technology, harmonising copyright laws, implementing strong data protection, and devising effective anti-piracy strategies. Collaboration among governments, industry stakeholders, and consumer groups is essential to balance innovation with protection.
So, while OTT streaming offers many advantages and will shape the future of media consumption, it also presents legal and regulatory challenges. Lawmakers must catch up to protect the interests of consumers, creators, and platforms. The future of television is digital, but navigating the legal landscape is key to its success.
By Alex Honeyman
Alex Honeyman is a freelance copywriter based in the UK, specialising in technology, finance, compliance and data protection.
