The challenge of legislating on net neutrality : a critical analysis of the European legal position

Abstract

The success of the internet can be attributed to the principle of net neutrality, which is the idea that every point of the Internet should be able to connect to any other point on the internet, regardless of the type of data, origin or destination. In recent years, internet service providers have violated this principle through the use of various types of network discrimination. This thesis will be analysing the manner in which the European Union has regulated on net neutrality. A historical timeline of regulation of net neutrality in the European Union will be provided. In addition, a critical analysis of Member State regulation in this field will be conducted. The pros and cons of various types of regulation will be delved into. Regulation 2015/2120, which came into force on the 30th April 2016, and the accompanying BEREC Guidelines, will be scrutinized and the emerging loopholes will be discussed. Suggestions will be made as to how the rules may be improved. Moreover, Member State positions after the enactment of the Regulation will be considered. Expected issues regarding enforcement of the Regulation for Member States which have legislated on net neutrality on a national level will be contemplated.