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A Comparative Inquiry into Internet Neutrality in South Africa
Dissertation (LLM)--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613645102383104 |
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| access_status_str | Open Access |
| author2 | Papadopoulos, Sylvia |
| author_browse | Papadopoulos, Sylvia |
| author_facet | Papadopoulos, Sylvia |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/78704 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:26.088Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/78704 A Comparative Inquiry into Internet Neutrality in South Africa Papadopoulos, Sylvia djeloff@gmail.com Eloff, Daniël Jakobus UCTD Internet neutrality in South Africa Access to internet Internet governance Internet as a human right Dissertation (LLM)--University of Pretoria, 2020. This dissertation will examine the question of whether internet neutrality is protected within the current South African legal framework and secondly whether or not internet neutrality should be protected when considering the policy advantages and disadvantages that it presents. Due to the fact that the arguments in support as well as against internet neutrality fundamentally originate from broadly two different and distinct philosophical approaches, this paper starts off with a historical analysis of the development of the internet. This is followed by a discussion of the nature of rights vis-à-vis the question of whether access to the internet can be considered as a fundamental human and/or legal right. After discussing both the history of the internet and the nature of rights in the context of the subject matter of this paper, the paper turns to the policy of internet neutrality itself. The paper compares the differing approaches followed by firstly the USA and secondly the EU with regards to internet neutrality, specifically in relation to consumer rights, competition law and corporate transparency. At the end of the paper, current South African consumer rights protection and competition law are analysed in order to determine whether or not the existing regulations afford adequate protect against potential abuses of data discrimination by ISPs. The debate regarding internet neutrality potentially affects each and every jurisdiction throughout the world where internet users accesses the internet. Not only is internet neutrality therefore a policy consideration all over the world but the policy consideration is one that should be answered through multidisciplinary research and inputs. It is therefore important to note that this research paper is written from a legal perspective and is merely a contribution to a policy question (namely that of internet neutrality) that has to be considered through the lenses of various academic fields. Mercantile Law LLM Unrestricted 2021-02-16T14:19:33Z 2021-02-16T14:19:33Z 2021 2020 Dissertation * S2021 http://hdl.handle.net/2263/78704 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Internet neutrality in South Africa Access to internet Internet governance Internet as a human right A Comparative Inquiry into Internet Neutrality in South Africa |
| title | A Comparative Inquiry into Internet Neutrality in South Africa |
| title_full | A Comparative Inquiry into Internet Neutrality in South Africa |
| title_fullStr | A Comparative Inquiry into Internet Neutrality in South Africa |
| title_full_unstemmed | A Comparative Inquiry into Internet Neutrality in South Africa |
| title_short | A Comparative Inquiry into Internet Neutrality in South Africa |
| title_sort | comparative inquiry into internet neutrality in south africa |
| topic | UCTD Internet neutrality in South Africa Access to internet Internet governance Internet as a human right |
| url | http://hdl.handle.net/2263/78704 |