Net neutrality and the fundamental right to informational self-determination

Net neutrality is one of the cornerstones of an open, democratic information society. It ensures that all data is treated equally regardless of source, destination, content or service. This equal treatment is indispensably linked to the fundamental right to informational self-determination, which grants each individual the right, freely and self-determined about the accessto decide on information and protect your own data. If data traffic on the Internet is treated equally, access to all sources of information is retained and it is prevented that individual services, content or providers are systematically preferred or disadvantaged. This ensures individual freedom of choice over one’s own information flows, whatis essential for independent opinion-forming and social participation.

Gatekeeper function of the network operators and restrictions on freedom of information

If network operators prioritize or throttling data traffic, a de facto guardian function is created. In this case, the users themselves no longer determine which communication channels they use or which sources of information they are heading for, but access is controlled by technical and economic interests of third parties. This restrictionUndermines the free availability of communication channels required for self-determined information choice. In many cases, in-depth inspections of data packets or metadata analysis are necessary for the technical control of data traffic, which significantly increases the risk of data-intensive profile formation. Such interventions directly relate to the right toto decide independently and use personal data, and thus represent a profound touch of the fundamental right to informational self-determination.

Effects of special treatments on competition and media use

Special treatments for certain services or providers lead to a distortion of competition in the digital space. If, for example, individual content or services are preferably transported, users no longer decide their media use exclusively according to content and quality, but increasingly based on availability or tariff structures. This imbalance weakens the informalSelf-determination because external factors decide on the use. As a result, the media landscape is becoming less diverse, innovative offers are disadvantaged and the choices for the individual shrink. Pricing for different services can also make certain offers preferentially used while others fall behind. The originalThe free and open structure of the Internet is thus undermined in favor of commercial or strategic interests.

Importance of legal regulations for practical self-determination

Clear legal framework and transparent regulatory standards are indispensable for maintaining net neutrality. Transparency, verifiability and effective complaints mechanisms can only be established through clearly formulated rules, which make the fundamental right to informational self-determination not only theoretically but also practically enforceable. legislator andRegulators must ensure that net neutrality is maintained by consistently controlling and sanctioning interventions in the equality of traffic. This ensures that users retain their sovereignty over their data and control their information consumption without economic or technological interestsrestrict.

Influence of commercial offers on the autonomy of the users

Commercial bundle offers or zero-rating models are increasingly affecting user preferences. For example, if you can only access selected services or content at reduced rates or at reduced rates, you lose part of the autonomy through your own information consumption. The freedom of choice is restricted because the choices are artificially narrowedbecome. This affects the individual design of media behavior and can make new, independent contents find it harder to be noticed. The diversity and openness of the Internet as a marketplace of ideas is thus undermined, and the right to self-determined use of information is increasingly coming under pressure.

Digital participation, equal opportunities and the role of net neutrality

Digital participation and equal access to information require a neutral network structure. If access to certain services, content or platforms is restricted by technical or price hurdles, a new form of information inequality arises. Those who are dependent on inexpensive and open access are particularly affected, since theyoptions are further restricted. This means that the right to self-determined use of information is not guaranteed for everyone to the same extent. A neutral network structure is therefore not only a technical, but also a social and social prerequisite for equal opportunities in the digital age. Only in this way can the free, individual development and theequal participation in the information society are permanently secured.