Net Neutrality is a fundamental principle of internet freedom, implying that Internet Service Providers (ISPs) must treat all data equally without discrimination. This means they do not have the right to block, throttle, or prioritize specific websites, applications, or services in exchange for payment. In Georgia, as a digitally developing country, this principle is crucial for innovation, startup growth, and free access to information. Violation of net neutrality limits consumer choice and creates unfair competition where only major players can afford "fast lanes."
Legal.ge offers access to telecommunications and digital law lawyers specializing in internet regulations. Our specialists protect the rights of both consumers, Content Providers, and IT companies. Services include:
- Monitoring and Challenging ISP Actions: If an ISP illegally restricts access to specific resources or degrades connection quality (Traffic Shaping), the lawyer prepares a complaint to the regulatory commission.
- Contract Audit: Analyzing terms offered by providers to determine if they contain discriminatory clauses (e.g., Zero-rating practices that distort competition).
- Representation at GNCC: Defending interests before the Georgian National Communications Commission, which oversees the telecommunications sector.
- Protection from Unfair Competition: If your online service is blocked or slowed down by a competitor provider, a lawyer will assist in taking legal measures.
Net neutrality issues are relevant in various scenarios. For instance, a new Georgian streaming platform discovers that its videos load slowly on a specific provider's network, while YouTube or Netflix works smoothly. This could indicate intentional throttling. In another case, a provider might offer a package where only Facebook usage is free (Zero-rating), indirectly harming other social networks and violating the neutrality principle. Also important are attempts to block VoIP services (e.g., Viber, WhatsApp), which have been observed in the past.
In Georgia, net neutrality is protected by the "Law of Georgia on Electronic Communications" and relevant resolutions of the Georgian National Communications Commission (GNCC). The Commission is obligated to ensure an open and neutral internet. Legislation prohibits ISP traffic management methods that are not technically necessary and serve commercial interests. Furthermore, the Association Agreement with the EU obliges Georgia to align its regulations with European standards (BEREC recommendations), further strengthening neutrality guarantees.
The rights protection process begins with technical and legal identification of the problem. The lawyer, together with IT specialists, gathers evidence of traffic restriction. Subsequently, an official claim is sent to the provider. If the violation is not remedied, the case is referred to the Communications Commission, which has the authority to fine the provider and demand the removal of the restriction. In extreme cases, the dispute may proceed to court.
Through Legal.ge, you connect with lawyers who understand the complexities of the digital ecosystem. Internet freedom is part of your business and information security. Our specialists will help ensure your digital rights are protected and you have equal access to the global network.
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