Net neutrality in Brazilian internet law and the American FCC regulation: an examination of zero-rating and a case study in the business arena

Abstract

This paper intends to delineate and expand upon the prevailing paradigms in Internet regulation, encompassing both the private and public sectors. The findings indicate that while the public sector sometimes aligns with net neutrality principles, it often diverges significantly when juxtaposed with the prior federal administration in the United States. The importance of network neutrality surged in U.S. courts following a notable shift during Trump's administration via its regulatory body, the FCC. This agency took measures to challenge the legacy of the 2015 Open Internet Order, which governed broadband Internet providers as a public utility. Our analysis of the zero-rating practice reveals a challenging convergence within its operational domain in Brazil. The paper concludes with an in-depth case study that presents a current discourse on net neutrality within the Brazilian Judiciary. This discourse unfolds gradually, factoring in the evolution of digital laws’ and their enforcement. Numerous appeals have emerged from the scrutinized case, with decisions often reflecting a lack of maturity in establishing consistent jurisprudence. This scenario suggests an inefficient legal framework, despite having comprehensive legislative backing.