Regulatory Approaches to Net Neutrality in Europe and Beyond

30 Pages Posted: 12 Sep 2010

See all articles by Angela Daly

Angela Daly

The Chinese University of Hong Kong (CUHK) - Faculty of Law; Queensland University of Technology - Faculty of Law; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: September 12, 2010

Abstract

Net neutrality, the principle of non-discrimination by Internet Service Providers (ISPs) between different kinds of Internet traffic and non-restriction of legal content, sites and platforms, has become increasingly prominent in telecommunications policy agendas in various countries. The debate on net neutrality has been provoked by concrete instances of ISPs prioritising certain types of information, and blocking access to other types. Regulatory bodies have responded to this issue in different ways and at different points in time. This paper will set out what these regulatory responses have been to date, with particular regard to the European context. Net neutrality has been approached at a domestic as well as European level so far, with inter alia Norway already issuing Guidelines on Net Neutrality, France currently running a public consultation on it, and the European Commission expected also to do so in the next few months. These measures will be analysed, with a comparison made to approaches to net neutrality in other parts of the world, such as the USA, where a fierce debate has been raging, and Chile, which has already adopted rules to govern the issue. The extent to which these measures accord with the promotion of competition (for the economic welfare of consumers), and protect and enhance Internet users' rights (especially free expression, right to information, and privacy) will be assessed. In addition, an examination will be made as to whether a consensus, either at the European or global level, on net neutrality is being established by these regulatory actions. Suggestions for any appropriate future action on net neutrality will conclude the paper.

Keywords: Net Neutrality, Competition, Regulation, Europe, USA, Canada, Chile, Competition, Free Expression, Privacy

JEL Classification: K21, K23, L43, L86, L96, O38, O57

Suggested Citation

Daly, Angela, Regulatory Approaches to Net Neutrality in Europe and Beyond (September 12, 2010). Available at SSRN: https://ssrn.com/abstract=1675744 or http://dx.doi.org/10.2139/ssrn.1675744

Angela Daly (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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