2.7 Net neutrality As a principle, net neutrality requires equal treatment of Internet traffic, regardless of the type of service, the sender, or the receiver of said traffic. In reality, however, the Internet providers conduct some form of appropriate traffic management (i.e., reasonable differentiation) aimed at avoiding congestion, and delivering a reliable quality of service. Discussions mainly revolve around defining (in)appropriate and (un)reasonable management and discrimination practices, especially those that are conducted for commercial (e.g. anticompetitive behaviour) or political reasons (e.g. censorship). Net neutrality is a complex issue which requires careful balancing in order to avoid the implementation of ‘solutions’ which then turn into problems. Net neutrality has three important aspects: technical (impact on Internet infrastructure), economic (influence on Internet business models), and human rights (possible discrimination in the use of the Internet). Status of governance mechanisms for net neutrality Net neutrality features prominently in Internet policy debates at national level in many countries. At regional level, the European Union is leaving the enforcement power concerning net neutrality to the national regulatory authorities and their European association, BEREC (Body of European Regulators of Electronic Communications). The Council of Europe emphasises the human rights perspectives of the issue, and the Committee of Ministers has adopted the Declaration of the Committee of Ministers on Network Neutrality (2010). The OECD approaches the issue from an economic perspective, through hearings related to competition and consumer protection issues. At international level, net neutrality is mainly discussed at the IGF, especially within its Dynamic Coalition on net neutrality. UNESCO’s Internet Universality approach doesn’t address net neutrality directly, although it refers to the ‘freedom to seek and receive information and ideas through media regardless of frontiers’.9 A number of Internet principles initiatives by global NGOs, such as the Internet Rights and Principles Coalition, include net neutrality among their fundamental principles (either directly or through a nondiscriminatory principle). Possible gaps in dealing with net neutrality The analysis of the mechanisms show a knowledge gap related to the lack of data and research on traffic management practices and their effects on quality of service, competition, innovation, investments, and protection of human rights. 9 Available at http://www.un.org/en/documents/udhr/ 13

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