Net Neutrality Win in the D.C. Circuit Court is a Win for the Arts
By: Courtney Duffy, Robert W. Deutsch Arts & Technology Policy Fellow at Public Knowledge
After more than six months of deliberation, the U.S. Court of Appeals for the D.C. Circuit released its opinion affirming the Federal Communications Commission’s 2015 Open Internet Order. The FCC’s historic decision, which reclassified broadband internet as a common carrier service under Title II of the Communications Act, empowered the FCC to protect a free and open internet.
While the FCC’s 2015 Open Internet vote was widely lauded by innovators, consumers, and tech companies, it was met with resistance from internet service providers (ISPs) who are incentivized to block and throttle content and implement paid prioritization plans, a means of creating fast and slow internet lanes that would hold content creators hostage. The ISPs sued the FCC last year in the hopes of overturning the Open Internet rules and the FCC’s reclassification of broadband as a common carrier service, and oral arguments were held in the D.C. Circuit Court in December.
Paid prioritization would not hinder large internet-based organizations like Google, Facebook, or Netflix, as they could likely afford to pay for access. However, a world without net neutrality where ISPs could require content creators to pay tolls to access consumers would make it more difficult and expensive for smaller players — like members of the arts community — to keep up.
While the D.C. Circuit Court’s decision is important to all consumers, it is particularly relevant to the arts and culture sector. The creative community relies upon a free and open internet in a number of ways. Artists turn to the internet to display and distribute work, collaborate with other artists, seek inspiration, educate young artists, market events, fundraise, and access articles like this one. Here are three reasons the arts community should celebrate the net neutrality decision:
Artists harness the internet to maximize audience reach.
The internet allows artists a platform upon which to publish their work. At its best, a free and open internet enables artists to make choices about the best ways to reach and impact audiences on a large scale, transcending geographical and socioeconomic barriers. Strong net neutrality rules go a long way to preserve the choices artists have when it comes to the distribution of their content — costly financial burdens due to meddling ISPs would limit artists’ audience reach. Thankfully, the D.C Circuit Court’s decision preserved artists’ ability to increase audience reach through the internet.
The internet is a tool for artists to promote their craft.
The open internet empowers artists to select the best online methods for building their brand and engaging with audiences — whether through social media, crowd funding or otherwise. A lack of net neutrality would threaten artists’ existing and future online content. Artists deserve to focus on their craft rather than worrying about hefty costs associated with promoting it online– and have as many choices as possible along the way.
The open internet enables the arts community to contribute to society.
The internet comprises an undeniable layer in the fabric of today’s society — it is a public utility. Net neutrality is essential to maintaining the arts community’s ability to contribute inspiration, creativity, and innovation in today’s increasingly globalized world. There is absolutely still work to be done to ensure that internet access is expanded as much as possible, particularly to those who face disenfranchisement in traditional media areas. That said, the recent D.C. Circuit Court of Appeals ruling to affirm the FCC’s net neutrality rules allows the arts community to breathe a sigh of relief.
Access to a free and open internet is intrinsic to the liberation of artists. The arts community has very good reason to celebrate the court’s decision.
