The internet is a neutral digital space that has radically transformed all kinds of economies and industries while opening new and dynamic avenues for political participation, educational advancement, cultural development and social relations. Its neutrality enables anyone, whether a powerful corporation or an ordinary individual, to access, use and benefit from its various features and resources for a multitude of purposes.
It is this principle and practice of neutrality, commonly referred to as network or net neutrality, that helps ensure the internet remains a space in which any person, group or organisation, regardless of status, wealth or power, can express and enhance their interests or ideas.
Net neutrality is the cherished principle and practice and internet service providers should not control what happens on the internet. ISPs should consider and treat all legally permissible information, communication and interactions that flow through their networks in an equitable and neutral manner.
ISPs have historically acted as gateways to the internet, ensuring equitable and neutral access and use to the internet without privileging or prioritising certain content, websites, services, companies, or users over others. They have not, in other words, acted as gatekeepers controlling and determining which information should move faster, what services should load better or what companies or users should be given special treatment. The internet has therefore functioned as a kind of public commons that ISPs simply helped network together, allowing it to become a part of our basic infrastructure.
The need for net neutrality is not some abstract concept or esoteric concern. While many internet users may assume or takefor granted the internet’s neutrality, thatthey increasingly depend upon to create, communicate, and innovate, they may fail to realise that this apparently natural state of technological affairs can easily be dismantled if net neutrality is not enshrined and enforced in law or regulation.
Net neutrality is needed in order to help prohibit discriminatory or unfair corporate, proprietary or ideological agendas that block, degrade, distort or undermine access, use, and flow of online content, applications, resources and services. Net neutrality is also needed to prevent ISPs from offering preferential treatment to some websites over others, creating different pricing schemes for different websites, or charging certain organisations or users arbitrary fees to access and use the internet.
Every internet user must have equitable and fair access and use of the internet without bias
The absence of such net neutrality law or regulation means that ISPs do not necessarily have to be or remain neutral. They can act as internet gatekeepers, providing enhanced or exclusionary treatment to certain kinds of information, block access to specific websites or applications, degrade the transmission of internet traffic or discriminate against particular services or users, for their own commercial, proprietary or ideological interests. This kind of control over the internet would mean the end of neutrality, thereby diminishing opportunities and outlets for innovation and economic growth, free speech and political participation, and educational and cultural development. It would be the tragedy of the digital commons.
The absence of net neutrality would result in a biased and fractured internet landscape of separate digital fiefdoms privileging their paying or ideologically-aligned customers or constituents with greater and faster access and better and smoother service, not to mention favouring their own content or services over competitors’ offerings. Internet users who may not be able or willing to afford to pay extra could be relegated to an internet slow lane of traffic while ISPs cater to those people, groups or organisations able and willing to pay a premium.
Without net neutrality, the internet is no longer a basic infrastructure that can be accessed and used by individuals, entrepreneurs, businesses, educators, average citizens and whoever else on an equal and neutral footing. Instead, it becomes a limited, siloed, and commodified space controlled by a few powerful corporations.
Net neutrality serves as an important bulwark against such discrimination and degradation, helping ensure that these destructive practices do not jeopardise the neutral role that the internet currently plays in economic, political, educational, cultural, social and personal life. Thus, net neutrality, based on the following principles, should be enshrined in enforceable rules for the benefit of all.
First, blocking and discrimination against legally permissible content, applications, resources and services must be prevented. Information and interaction must not be blocked. Iinternet users must have equitable and fair access and internet us without bias by ISPs in order to prevent discrimination based on their identity or status, the content of information, the application employed or the service provided. Internet users, in other words, should not be treated in significantly different ways when accessing and using the infrastructure.
Second, paid prioritisation must be prohibited. ISPs should not be allowed to charge access fees for certain kinds of internet traffic. Paid prioritisation establishes unfair fast and slow lanes that directly disadvantage certain content, applications, resources and services and undermines the overall health and vitality of internet infrastructure.
Third, degradation must be prevented. ISPs should not degrade the transmission of internet traffic or its content, applications, resources, or services because of commercial, competitive, political or ideological reasons.
Fourth, ISPs must ensure reasonable and transparent network management. ISPs must be allowed to engage in appropriate and legitimate network development, management and growth, but through content-neutral and transparent means that do not discriminate against users, distort competition, dissuade innovation or degrade content, applications and services.
Preserving and defending net neutrality is essential to our economic growth, political participation, freedom of expression, cultural development and educational achievement. Indeed, the internet must remain neutral for the benefit of all instead of a powerful few.
Dr Marc Kosciejew is a lecturer at the University of Malta’s Faculty of Media and Knowledge Sciences.