Achieving the effectiveness of Internet access and net neutrality

Abstract

Although it is not considered yet a fundamental or human right, Internet access is perceived as a precondition for the exercise of rights and freedoms. Connecting to the Internet, and doing it on equal terms, is nowadays essential to “live” in the digital dimension as well. Indeed, not having equal access to the Internet means being cut off from the world. Nonetheless, recognizing a right is not enough to guarantee its effectiveness. There is also the need to invest both in infrastructures and information or education to better acquire digital skills and awareness to the use of Internet. Moreover, there is also the need of economic actions in order to allow, even to the weakest groups, to afford the costs of Internet access contracts or the purchase of various devices. Thus, rather than examining the issue of the right of Internet access and net neutrality from a constitutional or fundamental rights approach, the article looks to the law and other norms in order to better assess whether and how to guarantee the effectiveness of the Internet access.