互联网电视的规制及其政策张力

Regulating OTT TV and Extending its Policies

自2014年,国家新闻出版广电总局对互联网电视规制日趋严厉,不仅频繁发布禁令以重申181号文的规制权威,还从联合执法部门入手实质性升级部门规范性文件的法律位阶。但互联网电视规制意图与结果出现偏差,说明政府在设置行政垄断和市场壁垒的同时,希望市场自发自觉地达到资源的最优化配置,这不仅在经济学上无效,在意识形态管理上同样无效。

National press and publication and administration of radio, film and television has tightened the regulation of OTT TV since 2014, by promulgating detailed policy terms and implementing cross-agency law enforcement. But the gap between the policy intentions and management results demonstrated the failure of the administrations to integrate and regulate the highly fragmented broadcasting market. Different players of the debuting OTT technology have different agenda and interest, and the increasing tensions between internet companies and the administrations have become the most compelling part of OTT industry.