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Ding Xiaodong: Network Neutrality and Platform Neutrality - Network Architecture and Platform Responsibility under the Vision of Neutrality

time:2024-04-28

Author Bio: Ding Xiaodong is a professor and doctoral supervisor at the School of Law of Renmin University of China, and deputy director of the Future Rule of Law Institute.

Abstract: Network neutrality and platform neutrality are the core issues of cyber law. Network neutrality requires network service providers in physical layer and logical layer to be neutral in traffic transmission. Network neutrality may have the functions of supporting users’rights, promoting end-user innovation and building a fair competition order, but it may also have problems such as damaging the effective transmission of data, harming investment and reducing competition. Platform neutrality faces similar problems as network neutrality, but the infrastructure function of platform is weaker, and it also involves consumer protection. China’s network architecture and platform responsibility supervision should go beyond the formal neutral responsibility and move towards more substantive governancesupervision. In China, network neutrality should adhere to the state-owned nature of network service providers and the publicity of network architecture, supervise network service providers by competition law, and ensure citizens’ basic digital servicerights. Platform responsibility should allow the platform to carry out optimized non-neutral management on the premise of abiding by the competition order and protecting consumers. When it comes to public functions, the platform should be required to undertake public ethical responsibility and provide public services.

Key Words: Network Neutrality; Platform Neutrality; Platform Responsibility; Antitrust; In-frastructure