The Independent Communications Authority of SA (Icasa) has taken tentative steps towards regulating Internet Protocol television (IPTV) and video-on-demand services.

The authority released a position paper at the weekend following industry input as to how it should approach the management of the technology.

IPTV is broadcasting over telecommunications lines using the same communication protocol used to carry traffic on the Internet; video-on-demand services are where consumers can download video content whenever they choose from a central server, usually on the Internet.

In the position paper, Icasa says it wants to categorise the two services under two separate licences. IPTV will fall under broadcast licensing and video-on-demand under electronic communications services.

But the two services are a regulatory minefield for Icasa because they can be delivered through any channel.

Existing broadcasting and telecoms licences don’t cover the possibility of multichannel content. Icasa’s document is an attempt to realign the technology with the Electronic Communications Act.

Icasa first opened discussion on the issue in March. At the time analysts said the regulator was biting off more than it could chew.

However, M-Net’s director of regulatory and legal affairs, Karen Willenberg, says Icasa has put its mind to the problem, especially given the way the act separates broadcasters and telecoms providers.

However, she says broadcasters are in a difficult position when it comes to providing these services. They are already saddled with regulations and restrictions governing what content they can put on air. With hundreds of TV shows and movies available for purchase and download online, it’s becoming more difficult for broadcasters to compete.

“Any number of providers both locally and internationally can distribute content using these services. We could be left behind if we are regulated and international companies offering these services are not.”

She also questions whether these services should be regulated at all.

Other industry watchers say that instead of regulating the IPTV and video-on-demand services, Icasa should let broadcasters and telecoms operators provide them in an unregulated environment, allowing the chips fall as they may.

Communications technology lawyer Kerron Edmunson says content regulation would then become about making sure screened services are not offensive or harmful, and do not infringe on citizens’ rights.

These are essentially the restrictions created for broadcasters.

With few of these services available in SA, Icasa’s discussion about IPTV and video-on-demand may be pre-emptive. However, it says it needs to start investigating the issues before the market takes off.