Q&As

Can net neutrality restrictions be avoided by obtaining the end-user’s consent?

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Published on LexisPSL on 27/02/2018

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • Can net neutrality restrictions be avoided by obtaining the end-user’s consent?

According to the principle of net neutrality, use of the internet should be kept free from any sort of discrimination, therefore providing equal opportunities of access to any user.

The term belongs to a group of principles related to the freedom of use of the internet and is included in the general idea of the ‘open internet’, being the idea that the full resources of the internet and means to operate on it should be easily accessible to all individuals, companies and organisations.

The inclusion of the principle within European legislation is mainly a response to certain discriminatory practices adopted by internet services providers (ISPs) to manage internet traffic. These include:

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