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THE PRINCIPLE OF THE INTERNET NEUTRALITY AS A FREEDOM OF EXPRESSION AND THE RIGHT OF BEING INFORMED

Angela MITA - Baciu ()
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Angela MITA - Baciu: Associate Professor at Faculty of Law – “Petre Andrei” University from Iasi, lawyer at Iasi Bar, judge at the Court of International Commercial Arbitration next to the Chamber of Commerce and Industry of Romania.

Jurnalul de Studii Juridice, 2014, vol. 1-2, 43-54

Abstract: Net Neutrality (also known as Network Neutrality or Internet neutrality) is all about creating a neutral internet. The term supports the view that Internet traffic should be treated equally. The term – Net Neutrality -- has not been popular till early 2000s when advocates of net neutrality and associated rules have raised concerns about the ability of broadband providers to use their last mile infrastructure to block Internet applications and content (e.g., websites, services, protocols), even blocking out competitors. The right to Internet access is closely linked to the right of freedom of speech which can be seen to encompass freedom of expression too. Two key facets of the Internet are highlighted: the content of the Internet and the infrastructure of the Internet. The infrastructure is necessary in order to deliver the service to the masses but requires extensive positive action. The content loaded onto the Internet however is seen as something that should be available to all, with few or no restrictions; limits on content have been viewed as the key breach of human rights, namely the right to freedom of speech that include the right to receive information.

Keywords: Internet neutrality; freedom of expression; right to be informed (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2014
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