Tax-free status of movie, music and games traded online is on table as WTO nations meet in Abu Dhabi

Since late last century and the early days of the web, providers of digital media like Netflix and Spotify have had a free pass when it comes to international taxes on films, video games and music that are shipped across borders through the internet. But now, a global consensus on the issue may be starting to crack.

As the World Trade Organisation opens its latest biannual meeting of government ministers Monday, its longtime moratorium on duties on e-commerce products — which has been renewed almost automatically since 1998 — is coming under pressure as never before.

This week in Abu Dhabi, the WTO's 164 member countries will take up a number of key issues: Subsidies that encourage overfishing. Reforms to make agricultural markets fairer and more eco-friendly. And efforts to revive the Geneva-based trade body's system of resolving disputes among countries.

All of those are tall orders, but the moratorium on e-commerce duties is perhaps the matter most in play. It centres on “electronic transmissions” — music, movies, video games and the like — more than on physical goods. But the rulebook isn't clear on the entire array of products affected.

“This is so important to millions of businesses, especially small- and medium-sized businesses,” WTO Director-General Ngozi Okonjo-Iweala said. “Some members believe that this should be extended and made permanent. Others believe ... There are reasons why it should not." “That's why there's been a debate and hopefully — because it touches on lives of many people — we hope that ministers would be able to make the appropriate decision,” she told reporters recently.

Under WTO's rules, major decisions require consensus. The e-commerce moratorium can't just sail through automatically. Countries must actively vote in favour for the extension to take effect.

Four proposals are on the table: Two would extend the suspension of duties. Two — separately presented by South Africa and India, two countries that have been pushing their interests hard at the WTO — would not.

Proponents say the moratorium benefits consumers by helping keep costs down and promotes the wider rollout of digital services in countries both rich and poor. Critics say it deprives debt-burdened governments in developing countries of tax revenue, though there's debate over just how much state coffers would stand to gain.

The WTO itself says that on average, the potential loss would be less than one-third of one per cent of total government revenue. The stakes are high. A WTO report published in December said the value of “digitally delivered services” exports grew by more than eight per cent from 2005 to 2022 — higher than goods exports (5.6 per cent) and other-services exports (4.2 per cent).

Growth has been uneven, though. Most developing countries don't have digital networks as extensive as those in the rich world. Those countries see less need to extend the moratorium — and might reap needed tax revenue if it ends.

South Africa's proposal, which seeks to end the moratorium, calls for the creation of a fund to receive voluntary contributions to bridge the “digital divide”. It also wants to require “leading platforms” to boost the promotion of “historically disadvantaged” small- and medium-sized enterprises.

Industry, at least in the United States, is pushing hard to extend the moratorium. In a February 13 letter to Biden administration officials, nearly two dozen industry groups, including the Motion Picture Association, the US Chamber of Commerce and the Entertainment Software Association — a video-game industry group — urged the United States to give its “full support” to a renewal.

“Accepting anything short of a multilateral extension of the moratorium that applies to all WTO members would open the door to the introduction of new customs duties and related cross-border restrictions that would hurt US workers in industries across the entire economy,” the letter said.

A collapse would deal a “major blow to the credibility and durability" of the WTO and would mark the first time that its members "changed the rules to make it substantially harder to conduct trade,” wrote the groups, which said their members include companies that combined employ over 100 million workers.