Net neutrality is a fundamental principle of internet governance stating that Internet Service Providers (ISPs) must treat all data, applications, and services equally, without discrimination, blocking, or artificial throttling of speeds. In Georgia, where the digital economy is growing rapidly, upholding open internet principles is crucial for both consumer rights and the competitiveness of startups and small businesses. Legal services regarding net neutrality help content providers, consumers, and technology companies protect their rights against unfair ISP practices, such as blocking competitor services, prioritizing certain traffic for extra fees, or offering "zero-rating" deals that distort healthy competition.
What Does Net Neutrality Legal Service Cover?
Specialists in this field offer assistance regarding regulatory compliance and the restoration of violated rights:
- Analysis of Traffic Management Practices: Verifying the legality of Traffic Management Measures used by ISPs and determining if restrictions are technically necessary.
- Filing Complaints with the Regulator: Preparing official complaints to the Georgian National Communications Commission (ComCom) regarding facts of artificial throttling or website blocking.
- Consumer Rights Protection: Defending consumer interests when an ISP fails to deliver the internet quality promised in the contract or restricts access to legal content.
- Zero-rating and Commercial Practice Assessment: Legal evaluation of cases where an ISP does not count certain applications (e.g., its own streaming service) against the user's data cap, thereby disadvantaging competitors.
- Disputes on Contract Terms: Challenging ISPs on violations of transparency obligations — when they fail to provide full information about potential restrictions.
Common Situations and Scenarios
Violations of net neutrality can manifest in various forms:
- Streaming Interruptions: A user notices that during evening hours, a specific video platform (e.g., Netflix) buffers constantly, while the ISP's own TV service runs smoothly. This may indicate intentional throttling.
- Blocking VPN Services: A company struggles to use its corporate VPN because the ISP blocks or restricts encrypted traffic, disrupting business operations.
- Gaming Restrictions: Gamers experience high latency (lag) on specific servers because the ISP does not route this traffic effectively or demands extra payment for a "gaming package."
- Blocking Competitor VoIP Apps: A mobile operator blocks or degrades the quality of WhatsApp or Viber calls to force users to use traditional voice calls.
- Lack of Transparency: The user is uninformed about the conditions under which their speed might be reduced, which is a violation of contract transparency.
Georgian Legislation and Regulations
In Georgia, open internet principles are harmonized with European standards:
- Law of Georgia on Electronic Communications: The law prohibits discriminatory actions in the electronic communications sector and obliges operators to ensure network access on transparent and non-discriminatory terms.
- Resolutions of the National Communications Commission (ComCom): The Commission oversees internet quality and consumer rights protection. Regulations exist that explicitly prohibit the blocking or degradation of legal content, except for legally provided exceptions (e.g., cybersecurity, court orders).
- Regulation on Consumer Rights: Obliges ISPs to clearly specify minimum, normally available, and maximum internet speeds and traffic management policies in their contracts.
Step-by-Step Service Process
The process of defending rights in case of net neutrality violations includes:
- Evidence Gathering: Conducting technical measurements (e.g., speed tests at different times, traffic analysis) to confirm the restriction.
- Filing a Claim with the ISP: Sending an official complaint to the service provider demanding the issue be resolved.
- Appealing to the Regulator: If the ISP does not respond, filing a complaint with the Communications Commission or the Public Defender of Consumer Interests.
- Administrative Proceedings: Participating in Commission hearings where the violation and potential sanctions against the operator are discussed.
- Enforcement: Monitoring the enforcement of the Commission's decision to ensure full internet service is restored.
Why Choose a Specialist on Legal.ge?
Net neutrality issues are technically and legally complex. Legal.ge allows you to connect with lawyers skilled in Telecom Law who understand both internet architecture and the regulatory framework. Specialists on our platform will help you effectively defend your digital rights and ensure an open, free internet for your business or personal use.
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