Network neutrality in the scope of The European Convention on The Human Rights

Today's discussions regarding the concept of network neutrality are considered very relevant within the context of human rights law and competition law. Albeit, there are no regulations in Turkey regarding the network neutrality, regulations of the USA and repeal of them and EU regulations have been shaping the network neutrality discussions. However, there is no consensus on how to regulate internet service providers' neutrality. On the other hand, because of the Internet's great importance in social life, the importance of effective protection of fundamental rights and freedoms on the internet has been widely stated by the scholars. In this scope, the protection of neutrality of the internet service providers and its importance considering the protection of fundamental rights had been stressed by both human rights activists and international human rights organisations. In this study, the concept of network neutrality and the present regulations on the issues examined in the scope of the European Convention on Human Rights. In this context, accordingly with the network neutrality discussions, internet service providers' problematic network management techniques were examined within the framework of the right to freedom of expression, right to respect for private and family life and right to property as protected in the European Convention on Human Rights, In this examination, in accordance with the jurisprudence of the European Court of Human Rights, aforementioned rights and their restriction clauses, contracting states' positive obligations and conflict of rights took into consideration. The aim of this study is to propound the importance of network neutrality for the protection of fundamental rights and freedoms and demonstrate the necessity of regulating the area.