2020-05-25

Government Seeks to Extend Jurisdiction Over IQIYI

IQIYI has been downloaded more than six million times in Taiwan.  Recently, IQIYI gave 19,000 free vouchers through Hong Kong IQIYI, which crafts the OTT market severely.
 
In response to the illegality of IQIYI, the National Communications Commission (NCC) under the Ministry of Culture and the Ministry of Economic Affairs are now discussing a means to resolve the problem.
 
NCC is currently drafting the "Internet Audiovisual Service Law" to manage OTT.  However, once IQIYI ceases registering an entity, the Taiwan courts no longer have jurisdiction over IQIYI / the entity.  The new Internet Audiovisual Service Law will aim to resolve the issue of extending jurisdiction to cover offshore registered entities.
 
Expert opine that the new Law will need to clearly identify and designate the competent authority, and more importantly, the designated authority must have the determination to enforce the Law, and must proactively investigate violations rather than simply passively await being informed of alleged violations before taking action.
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