Assignment task: The Kingdom of Yogam completed its accession and became a World Trade Organization (WTO) Member in 2012. Since then, the Government of that country has been preoccupied with the low ratings of Yogamian-origin programmes broadcast on the country's single television network, YogamTV. In order to change this state of affairs, the Government decided to create the Yogamian Broadcasting Control Board (the "YBCB") in 2016. The YBCB is a non-governmental body that has been delegated broad powers to regulate television transmission services in Yogam and to issue mandatory directives to promote the development of a national television production industry.
In 2018, the YBCB issued the "Broadcast Directive", which includes a provision requiring that a majority of television transmission time be reserved for Yogam-produced programmes. The Directive also states that this requirement shall be enforced by "whatever means necessary" and that, in particular, the retransmission of all foreign news bulletins is prohibited.
Many WTO Members have criticised the decision of the YBCB, claiming that it discriminates against foreign television production and distribution services and service suppliers. However, Yogam officials have replied that this Directive is "aimed at protecting Yogamian culture and advancing vital national interests" and is therefore not subject to the General Agreement on Trade in Services (GATS). Moreover, during the negotiation on accession to the WTO, Yogam did not include commitments on "Audiovisual services" and "Radio and television services" in its Schedule of Specific Commitments.
In 2019, Yogam and its neighbour, the Socialist Republic of Todjom, reached a bilateral agreement on mutual cooperation in the areas of culture and education. By the end of 2020, the YBCB amended the "Broadcast Directive" in order to implement the new bilateral agreement. The amended "Broadcast Directive", which entered into force on 1 January 2021, stipulates that 15 per cent of total television transmission time shall be reserved exclusively for programmes of Todjom origin. The amended Directive also grants Todjom television production companies the right to establish branches to produce television programmes in Yogam. Such rights have not been extended to services or services suppliers of other WTO Members.
Assess all the issues raised in light of their compatibility with the WTO General Agreement on Trade in Services.