The Jurisdictional Gap for OTT Platforms: Governance Gaps, Cross-Border Copyright Challenges, and the Need for a Comprehensive Legal Framework

There has been an unprecedented change in the global media landscape as a result of the emergence of Over-The-Top (OTT) service providers, which allow the seamless transmission of content across borders, making it easier for people to consume media content while at the same time revealing a glaring deficiency in current laws. Territorial jurisdictional laws have not been able to adequately regulate organizations that operate in a decentralized digital space. In this paper, we examine the jurisdictional gap in OTT governance, focusing on the problem of governance inadequacies and difficulties in enforcing copyright across borders. The study analyzes the problems with the current international and domestic laws regarding territorial licensing, content regulations, and intermediary liability, and by using the doctrinal and comparative method of analysis, proves how ineffective these laws are in regulating digital streaming services. The paper calls for an integrated and flexible framework for balancing the needs of intellectual property protection, freedom of speech, and innovation, suggesting the adoption of a co-regulatory approach that would incorporate international collaboration and enforcement via technical means. This is done through the analysis of judicial precedents and legislative initiatives reflecting the efforts made in response to the changing realities of the digital age, including the issues associated with the accountability of publishers and the liability of intermediaries, the inadequacies of territorially based systems of copyright in times of the global distribution of protected works, and the increasing tendency to resort to enforcement measures, including dynamic injunctions. The paper also takes into consideration the relevance of international instruments, namely, the WIPO Copyright Treaty, the TRIPS Agreement, and the Berne Convention, for setting cross-border copyright norms and discusses the limits of their applicability under platform-based distribution. Taking into account the impact of jurisdictional fragmentation on all concerned parties, including states, OTT service providers, and content creators, the study offers a comprehensive legal strategy for solving existing problems.