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Open internet and net neutrality

Net neutrality is the principle that internet service providers (ISPs) treat all online traffic equally and openly, without discrimination, blocking, throttling or prioritisation.

Open access has allowed millions of citizens around the world to build businesses, connect with friends and family, launch and support social movements, and share ideas freely.

Over time, as technology developed and the value of content circulating through the network increased, ISPs developed the ability to treat information flows differently, prioritising certain high-value monetised traffic (such as streamed films), potentially at the expense of throttling or blocking other non-monetised traffic for end users. Net neutrality aims to keep the connectivity market essentially separate from the content market.

European Union (EU) regulation on open internet access gives end users the right to access and distribute lawful content and services of their choosing via their internet access service. It evokes the principle of non-discriminatory traffic management while, at the same time, allowing reasonable exceptions and specialised services by providers, with some safeguards. The three exceptions are:

  • compliance with legal obligations;
  • network integrity; and
  • congestion management in exceptional and temporary situations.

Applicable since 2016, Regulation (EU) 2015/2120 is part of the EU’s digital strategy. Common EU measures on open internet access ensure that the same rules apply across Europe.

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