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High Severity

OTT Registration Barrier Deters Innovation

This provision requires mandatory registration for all Over-the-Top (OTT) service providers operating in Ghana, with discretionary licensing based on vague criteria like "significant public interest implications." Most concerning is the reference to "data localisation obligations" in subsection 5(a)—requiring OTT providers to store data within Ghana. This contradicts international best practices and creates substantial barriers: startups cannot leverage global cloud platforms (AWS, Azure, Google Cloud), international platforms face unpredictable infrastructure requirements, and the registration burden deters market entry. OECD democracies typically regulate OTT services only for specific activities (financial transactions, telecommunications infrastructure), not through blanket registration and data localization requirements that create barriers to digital innovation.