Net neutrality: the Conseil National du Numérique delivers its opinion to the Government

On Tuesday March 12, 2013, the Conseil National du Numérique (CNNum) presented its opinion, adopted unanimously by its members, on net neutrality to the Minister Delegate for SMEs, Innovation and the Digital Economy.

This one-page opinion, backed up by a report, recommends that the principle of neutrality should be recognized as a fundamental principle necessary for the exercise of freedom of communication and freedom of expression.

The CNNum proposes a principle of neutrality understood as a “neutrality of networks and services”, which should be integrated into the law “at the top of the hierarchy of norms”, either by amending the 1986 Law on freedom of communication with a new paragraph :

“The neutrality of communication networks, infrastructures and access and communication services open to the public by electronic means guarantees access to information and services.

means of expression under non-discriminatory, fair and transparent conditions.”

In fact, in the minds of CNNum members, this principle extends not only to operators, but also to search engines and social networks, and therefore also to publishers of services that themselves provide access to content or services produced by others. This proposal to extend neutrality to publishers and not just operators will certainly require further clarification by the legislator.

As stressed by the Minister and Benoit Thieulin, Chairman of the CNNum, its aim is to protect “freedom of expression, creation and innovation”. On this point, the report specifies that the aim is “to address the issue of infrastructure neutrality, guaranteeing access for all to everything that is legal”.

While the CNNum does not at this stage describe a scale of sanctions, it does propose that the inclusion in the law be accompanied by indicators, under the responsibility of ARCEP, of the “effectiveness of neutrality” and its gradual adoption to new uses, such as mobile and connected objects. As a “fundamental freedom”, this principle of neutrality could also be reviewed by the courts.