Net Discrimination

Help get Net Neutrality across the finish line!

Take Action: Tell EU Regulators to Protect Net Neutrality

Great news! The regulators responsible for defining how Net Neutrality rules are going to be implemented across the EU have released a draft guideline, and it’s pretty good. Now, the Body of European Regulators for Electronic Communications (BEREC) is accepting comments on the draft, so we have one last opportunity to make sure Net Neutrality rules in the EU are the strongest possible.

Together, we scored an important victory when the EU Parliament passed the Telecoms Single Market (TSM) with critical protections for Net Neutrality. Now BEREC must ensure that the guidelines for implementing Net Neutrality close the remaining loopholes in the TSM.

We’re almost there: The draft version of the guidelines released last week has an outright ban on “sub-internet” zero rating offers like Facebook’s Free Basics. That’s a huge win. Programmes like that give free access to only part of the internet, and disproportionately discriminate against underprivileged users.

But there’s a problem. The draft takes a different, more ambiguous approach to the type of zero rating programmes that telcos have implemented. In theory, local regulators could interpret the language to disallow the “telco” model for zero rating; after all, these programmes are NOT supposed to reduce users’ choice, violate the freedom to receive and impart information, limit free expression, or reduce media plurality. But while some regulators would enforce the rules properly, others might not have the resources -- or the desire -- to do so. This leaves some internet users at risk of Net Neutrality violations.

That’s where you come in. We are so, so close to getting everything needed for Net Neutrality in the EU. BEREC has already taken a strong stance against zero rating despite enormous pressure from telco companies like Telefónica, Deutche Telecom, and Orange. Now, we need to encourage BEREC to stay strong. Use the sample language we provide to send a customised letter to BEREC. Tell regulators to be clear on every aspect of Net Neutrality.

Act now to put an end to net discrimination in the EU for good.

Send A Letter

First Name

Last Name

Country

Zip Code

Personalize your message. Feel free to edit the text below. Clicking submit will send your customized comment to BEREC, including your name (if provided above) in the signature block.

BEREC

Regulators

"Zero-rating" is a commercial practice imposed by Internet providers. It allows unlimited access to certain sites and services, but imposes a payment for accessing the rest of the Internet. A number of clear restrictions on zero-rating are included in BEREC's draft guidelines. However, those guidelines could be further clarified to ensure harmonisation in users’ rights and  simplify the work of the National Regulatory Authority.

There are forms of commercial practices that interfere with users' rights protected under Article 3(1) of the EU Regulation to access and, in particular, to distribute information freely. When a commercial practice of an ISP discriminates between providers of content, applications and services by making them unequally accessible (for example, if you have to pay to access some sites/services, but get "free" access to others), this constitutes an arbitrary interference of users' rights established under Article 3(1) of the Regulation and should be prohibited according to Article 3(2).

Recital 7 of the Regulation defines the types of commercial practices that require national regulators to intervene. However, the language of this recital, only provides the minimum floor for regulatory intervention and not a maximum ceiling. National Regulatory Authorities have a strict mandate to implement the restriction on harmful commercial practices of Article 3(2) of the Regulation. This means that a slower (and resource-intensive) case-by-case approach as recommended by the guidelines is not an appropriate implementation of the legislation.

Application-specific zero-rating (i.e. zero-rating of individual applications or whole classes of applications) and zero-rating for a fee (i.e. where application providers pay to have their data zero-rated) are commercial practices that systematically—regardless of their scale and the market position of the players involved—interfere with the end-users' right of Article 3(1) to impart information, and therefore materially reduce end-users' choice in practice.

Action Alerts Opt-in

I would like to receive email action alerts from Access Now.

Access Express Opt-in

I would like to receive the Access Now Express for important weekly digital rights updates.

Your info is secure with us.