Opinion on Net Neutrality

The French Digital Council was given a mandate to examine the question of Net Neutrality in terms of the effectiveness of current legal provisions with a view to protecting the freedom of expression of Internet users. The Council is of the opinion: That French legislation does not sufficiently protect freedom of expression in view of the development of content filtering, blocking, censorship and slowing practices. That the principle of neutrality should be recognised as a fundamental principle necessary for the freedom of communication and the freedom of expression and written into the law at the highest level of the hierarchy of norms: - Into the title of the 1986 Act, renamed “Freedom of Expression and Communication Act” rather than solely “Freedom of Communication Act”; - Into the second paragraph of the first article of the 1986 Act, to read, “The neutrality of communication networks, infrastructures and access and communication services open to the public by means of electronic channels shall guarantee access to information and means of expression on a non-discriminatory, equitable and transparent basis.” That the principle of neutrality should supplement and clarify the existing legislative provisions: - As a fundamental freedom, its enforcement is to be directly under the control of the courts. Any restriction may only be made by common law and in compliance with rule of law procedures. - Through the freedom of communication and expression, the principle of neutrality asserts the freedom of creation and innovation and contributes to digital citizenship. Its implementation should constantly keep pace with technological innovations, economic change and developments in uses, especially with regard to mobile technology, peer-to-peer communications and connected objects. It is for the executive and the legislature to establish a method of governance and a timeframe, if deemed necessary. That, lastly, to ensure the effective, enduring implementation of this principle, indicators should be set up to measure the level of neutrality of networks and services open to the public, in liaison with the political, economic and social stakeholders and the regulatory authorities, including at European level.