Preiskel & Co LLP
3 Experts
3 Contributions by Preiskel & Co LLP Experts
PRACTICE NOTES
Net neutrality
This Practice Note sets out how the concept that internet use should be free from any kind of discrimination—often called ‘net neutrality’—has been embedded in EU law and implemented through legislation. It covers the relevant provisions of Regulation (EU) 2015/2120 (widely referred to as Roaming IV, or the Open Internet Regulation) that give effect to net neutrality. It also looks at the way those rules apply to familiar practices such as blocking, throttling, and the offering of zero-rating/zero-tariff plans and contracts. The phrase ‘net neutrality’ denotes a principle under which use of the internet is kept free of discrimination, thereby ensuring equal opportunities of access to any user. Coined in 2003 by Tim Wu, a media law academic at Columbia University, the term sits within a wider set of principles concerned with freedom to use the internet. It forms part of the
EU Law
PRACTICE NOTES
Telecommunications in the UK is governed by both sector‑specific regulation and the general framework of competition law. This Practice Note explains how Ofcom, the UK’s national regulator, undertakes market reviews of the telecoms sector, with a particular emphasis on the Physical Infrastructure and Business Connectivity Markets, and the Wholesale Fixed Telecoms Market Review.
Ofcom’s powers
Ofcom has powers under the Communications Act 2003 (CA 2003) to assess defined markets, judge whether competition is effective, and impose suitable remedies where competition issues are found. Several of these powers originated in European directives transposed into UK law. The most recent is Directive (EU) 2018/1972, which establishes the European Electronic Communications Code (Recast), implemented in December 2020. Those powers continue to apply because the implementing measures are EU‑derived domestic legislation and now sit within assimilated law. For further detail on the European Electronic
TMT
PRACTICE NOTES
Net neutrality
‘Net neutrality’ denotes the idea that the internet should operate without discrimination, ensuring every user enjoys the same opportunity to reach any online resource. Coined in 2003 by Tim Wu, a Columbia University media law scholar, the label sits within a wider set of principles upholding freedom in how the internet is used. Framed as a flexible answer to the technology sector’s evolving needs, it places decision-making over what people encounter online with the individual rather than the broadband company that provides their connection.
In practice, this amounts to an open internet, where internet service providers (ISPs) deliver connections and treat all content and services even-handedly, with service quality keeping pace with technological progress. Viewed through a legal lens, net neutrality is commonly expressed as a ban on limits and/or discriminatory measures that hinder people’s access to online material. The doctrine emerged from
TMT
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