13th Feb 2018, 3:59 PM – Senate Committees - Environment and Communications References Committee - Refer to Committee

The majority voted against a motion introduced by WA Senator Jordon Steele-John (Greens), which means it failed.

Motion text

(1) That the Senate notes that:

(a) on 14 December 2017, the United States (US) Federal Communications Commission voted to remove network neutrality protections;

(b) Australia has no dedicated protections and existing legislation is insufficient to ensure that networks do not discriminate against or prioritise specific services, applications or content delivered over the internet;

(c) in March 2012, the Convergence Review Final Report noted that the "ACCC's existing powers to address competition issues as they relate to content services in the communications market focus on anti-competitive conduct and economic market analysis", which are "too narrow to address evolving content-specific issues, such as exclusive rights arrangements and bundling, and network neutrality issues that inhibit competition"; and

(d) there are existing instances of anti-competitive arrangements between internet service providers and content providers in Australia, including zero rating and unmetered traffic from selected providers, excluding competitors.

(2) That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 15 June 2018:

Australia's need for public interest network neutrality protections and the implications for Australia arising from a US repeal of network neutrality protections, including:

(a) any instances of current and past violations of network neutrality in Australia and any related anti-competitive conduct;

(b) the effectiveness and reach of the Australian Competition and Consumer Commission (ACCC) in regulating network neutrality in Australia, any obstacles preventing the ACCC from effectively regulating the telecommunications sector, and considerations beyond consumer and competition law;

(c) any considerations or implications for Australia arising from changes to network neutrality laws in the US, including whether Australia needs to renegotiate its free trade agreement with the US as a consequence;

(d) international best practice for network neutrality regulation and protections;

(e) potential regulations and protections that should be considered in order to maintain Australia's open internet and prevent anti-competitive behaviour from internet service and content providers; and

(f) any related matters.