The growing importance of «Over-the-Top» (OTT)1 services in the global economy and the fundamental role they play in the exercise of human rights such as freedom of expression and the right to information is undeniable. Moreover, their appearance has triggered a tough economic dispute between private stakeholders of the digital economy that has led to regulatory debates. It is also important to note that this economic conflict has an impact on people and their rights.
The central themes of this debate have been related to competition, investment or taxation. These are undoubtedly important aspects, but such an economistic focus limits the way such a complex and vital matter for humanity and the rights of people is approached.
Much of the debate about net neutrality and regulatory asymmetries stems from, or is influenced by, disputes between major transnational corporations. In addition, the current development of the Internet and the increasingly important role of OTT service providers also strains the role of the State and the issue of national sovereignty, as well as the democratic forms that must be adopted to protect the right of the people in the new convergent scenario, while creating an environment that guarantees the development of a free and open Internet.