Europe’s top court says net neutrality rules bar ‘zero rating’ –
Summary
The European Union’s top court has handed down its first decision on the bloc’s net neutrality rules — interpreting the law as precluding the use of commercial ‘zero rating’ by Internet services providers. It’s controversial because it can have the effect of penalizing and/or blocking the use of non-zero-rated apps/services, which may be inaccessible while the zero rated apps/services are not — which in turn undermines the principal of net neutrality with its promise of fair competition via an equal and level playing field for all things digital. The pan-EU net neutrality regulation came into force in 2016 amid much controversy over concerns it would undermine rather than bolster a level playing field online. So the Court of Justice of the EU (CJEU)’s first ruling interpreting the regulation is an important moment for regional digital rights watchers. A Budapest court hearing two actions against Telenor, related to two of its ‘zero rating’ packages, made a reference to the CJEU for a preliminary ruling on how to interpret and apply Article 3(1) and (2) of the regulation — which safeguards a number of rights for end users of Internet access services and prohibits service providers from putting in place agreements or commercial practices limiting the exercise of those rights — and Article 3(3), which lays down a general obligation of “equal and non-discriminatory treatment of traffic”.