Network neutrality in the European Union: A communications policy process analysis

Abstract

Few Internet governance issues raised a similar level of public alertness, as it has been the case with network neutrality. Advocates in favour of strict rules feared the end of the Internet itself, while access providers fought against interferences in their business areas. The regulatory process in the European Union was multi-faceted and faced several key changes and turning points. This paper examines the positions at stake from the emergence of the network neutrality debate in 2009 during the amendment of the Telecom Single Market Directive to its aftermath in 2019. Focussing on the implications for public and private online communication, a normative and social value framework provides us with the basis for interpreting key developments. The methodological setting is a multi-method-design consisting of a comprehensive literature review, a document analysis as well as expert interviews with involved stakeholders. The results shed light on the importance of the EU Internet market, its characteristics and challenges and allow to draw a comprehensive image of the European Union’s performance in regulating network neutrality. Albeit the complex institutional setting slowed down the process, the outcome is characterized by the inclusion of multiple stakeholders and the possibility to adapt legal norms on a dynamic basis.