#IGF2015 Not Neutrality remarks on zero rating, public service actors

MODERATOR: if zero rating violates Net Neutrality, is it the ISP Telco or content provider who violates the law as does the government that promotes it instead of or as part of public policy?  That came from Alejandro. 

CHRIS MARSDEN: Why not?  So, Net Neutrality is typically applied to ISPs.  Specifically aimed at ISP because it is performed by Telecom regulators and licensed by the Telecom regulators. This isn't any effective regulation of Net Neutrality as with the exception of Chile but most will be regulating ISPs and I think that's how the regulation system works in Norway. 

On the zero rating point I want to say two things in answer to the last point on that.  One, is that we have to be very careful how we define what public service might be in the case of zero rating.  Wikipedia thinks it is public service.  It may or may not be but I think we should have awe discussion about that.  Probably in the dark. And I think that is important particularly because most countries in the world including Brazil, including the United States as well, have public service media in terms of broadcasting and they will be very keen to be part of this zero rated package which could change the equation on how attractive zero rating is given that things like non-exclusivity and FRAND terms are very very well relied upon by public service broadcasters.