Slovenia strikes down ban on zero rating, upholds rule of law: Roslyn Layton

I caught this late - European holidays intervened...Slovenia strikes down ban on zero rating, upholds rule of law: "Back in 2012, when Slovenia created their net neutrality rules, lawmakers rejected a provision that outlawed price discrimination. Last week’s ruling against AKOS (which is forthcoming here, but that I learned about from participants at an AKOS-hosted conference) reiterated the Slovenian net neutrality law, saying that “network operators and Internet service providers must preserve the open and neutral nature of the internet. Thus they must not restrict, delay or slow down Internet traffic at the level of individual services or applications.” But it ruled that the definition does not constitute a prescription for the financial treatment of traffic. 

The court explained, “The non-charging of transfer of certain data does not constitute a breach… nor can it be regarded as a restriction, restraint, or slowing down Internet traffic at the level of individual services or applications. Nor can it be equated with the prohibition of equal treatment and positive price discrimination cannot be extracted by any interpretative method.”

In other words, the court ruled that price discrimination is allowed under net neutrality law, accepted the competition authority’s explanation of the practice, and confirmed the petitioners’ arguments." 'via Blog this'