Europe’s telecommunications regulator recently published the set of guidelines to National Regulatory Authority (NRAs) on the implementation of the new net neutrality that was adopted last year. Considered to be a victory by digital right groups, this regulation is aimed towards strengthening net neutrality by establishing common rules to safeguard equal and non-discriminatory treatment of traffic by internet providers as well as related end-users. However, we can’t help but notice some loopholes. As mentioned by The Verge, these grey areas could undermine the very principle that it aims to protect.
At the moment, there are three major reasons under which the internet service providers are allowed to block content. Firstly, in situations wherein providers of the internet access services are subject to Union legislative acts, or national legislation that complies with Union law. Secondly, in case the traffic management measures are necessary to protect the integrity and security of the network. Third, if it falls under the purview of managing levels of traffic across a network.
Moreover, the revision to the guidelines issued by EU body suggests that blocked content should be implemented by a customer on their device rather than the network. “With regard to some of the suggestions made by stakeholders about traffic management features that could be requested or controlled by end-users, Berec notes that the regulation does not consider that end-user consent enables IPS to engage in such practices at the network level,” says the updated guidelines.
“End-users may independently choose to apply equivalent features, for example via their terminal equipment or more generally on the applications running at the terminal equipment, but Berec considers that management of such features at the network level would not be consistent with the regulation.” Thus, there is no legal basis for using customer choice to justify blocking content, either.
Therefore, broadband providers who restrict online access to pornography and block ads could be violating EU guidelines on net neutrality, even if customers opt in. At the same time, there are numerous family-friendly filters that are allowed to the users.
As Department for Culture, Media and Sport spokesperson told The Guardian, “Family-friendly filters are permitted under the EU net neutrality regulation. The regulations gives end-users the right to access information and content of their choice, and enabling/disabling filters exercises this choice.”
