Abstract
The article explores the concept of the positive and negative obligations of the state in securing human rights, recognized in human rights literature, and in the judgments of the European Court of Human Rights. The concept is then applied to show the importance of securing freedom of expression in regulating Internet access services and enforcing pertinent regulations in EU Member States. The author is of the opinion that economic arguments should not overshadow the need to secure the freedom of expression of the end-users of Internet access services.
Highlights
Network neutrality is the principle that requires Internet access service providers to treat all Internet traffic without discrimination, letting end-users make their own choices as to what Internet content they access and distribute
The U.S proponents of network neutrality regulation seek to foster innovation among providers of Internet content, while the opponents fret about distorting competition between Internet access service providers
The ECHR stated in Bosphorus that ‘[t]he Convention does not ... prohibit Contracting Parties from transferring sovereign power to an international organization in order to pursue cooperation in certain fields of activity,’ and ‘it has been accepted that a Contracting Party is responsible under Article 1 of the Convention for all acts and omissions of its organs regardless whether the act or omission in question was a consequence of domestic law or of the necessity to comply with international legal obligations.’41 the fact that Internet access services are regulated not by national legislation, but that of the EU, does not preclude the obligation of EU Member States to secure freedom of expression in the application of Regulation 2015/2120
Summary
Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation. Human Rights, Obligations of the State and Network Neutrality in Europe by Andrzej Nałęcz*
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