Net neutrality : is there a need for reform to enforce this principle?

Abstract

Net neutrality is a principle governing the manner in which Internet traffic is to be treated so that Internet users will not be restricted from accessing and making use of the wide selection of content, applications and services available online. The elements of net neutrality emanate from the original design characteristics of the Internet. Its articulation as a principle however only occurred some fifteen years ago. Since then net neutrality has become a prominent topic, as a result of the growing threat it faces from service providers implementing certain traffic management measures in an effort to cope with the network congestion caused by the ever-increasing use of the Internet. The discriminatory management of traffic not only runs contrary to the net neutrality principle but can also be considered a violation of the fundamental human right of freedom of expression and freedom to seek, receive and impart information and ideas of all kinds through any media and without frontiers. Thus, in very recent years, a number of States and even the European Union, have enacted so-called ‘net neutrality regulation’, aimed at demarcating the lines between the acceptable and prohibited management practices, in an effort to curb the arbitrary mismanagement by service providers. The focus of this thesis has been placed on the human rights aspect of net neutrality and the regulation which is relevant to the domestic context. This thesis will thus delve into an analysis of what net neutrality is, its importance within a human rights context and the current regulations applicable to European Union Member States. The ultimate aim of this thesis is of recommending the introduction of other elements, consistent with EU law, into Maltese law and practice, so as to further ensure the enforcement of this important principle.