A Level Playing Field: Exploring the Principle of Network Neutrality

Abstract

Network neutrality speaks to the open nature of the Internet, and is defined as the principle that no data can be discriminated against on unreasonable terms. While the Internet already largely operates under the principle, it is still a relatively new concept that is not yet expressly enshrined in law. Recent events in the United States and the current market environment in New Zealand challenge the open nature of the Internet. It is therefore important to discuss whether the principle should now be expressly adopted in law for the benefit of consumers. On balance, network neutrality appears to be a good principle to adopt as the principle protects important values such as innovation, efficiency, consumer welfare, and the right to freedom of expression. New Zealand has various legal mechanisms which exist to support network neutrality, but the principle should be explicitly adopted in New Zealand so as to clarify and strengthen existing policies, laws and codes. The paper concludes with a number of talking points going forward.