Author's Information:

Xiaodong Ding: Professor, Faculty of Law, Renmin University of China; Vice Dean, Law and Technology Institute

Abstract

Network neutrality and platform neutrality are core issues in network law. Network neutrality requires that network service providers at both the physical and logical layers maintain a neutral stance toward traffic transmission. Network neutrality may support user rights, promote innovation, and create a fair competitive order, but it can also cause issues like damaging data transmission, hindering investment, and suppressing competition. While platform neutrality faces similar challenges, platforms have weaker infrastructure functions and involve consumer protection issues. Network architecture regulation and platform responsibility regulation in China should go beyond formal neutrality obligations and move toward more substantial governance regulation. In China, the implementation of network neutrality should adhere to the public nature of network services and the state-owned nature of network service providers. Regulatory authorities should enforce competition law and ensure citizens' rights to basic digital services. Platforms should be allowed to conduct non-neutral management for optimization, and when public functions are involved, regulators should require platforms to assume public ethical responsibilities and provide public services.

Keywords: network neutrality; platform neutrality; platform responsibility; antitrust; infrastructure