ACM publishes guidelines on sanctioned websites
Summary
- ACM’s guidelines clarify how EU sanctions and net neutrality coexist.
- ACM maintains a list of websites that providers are allowed to block due to sanctions.
- Internet service providers remain responsible for the blocking of websites.
The Netherlands Authority for Consumers and Markets (ACM) has published a set of guidelines that provides internet service providers (ISP) with a practical list of websites that belong to entities (media or otherwise) that are sanctioned by the EU. The Guidelines provide clarity to ISP’s on how to handle the blocking of websites under the sanctions regime.
These Guidelines were prompted by the EU sanctions that have been in effect since 2022 against Russian media entities in response to the war in Ukraine: under the EU sanction regulation, is it prohibited to broadcast or distribute content from these entities. This also applies online. The Open Internet Regulation, however, requires ISPs to treat internet traffic equally: blocking or otherwise restricting access to websites is therefore not unconditionally permitted.
Some exceptions to this guiding principle exist. ISPs can take measures to comply with European or national legislation. This therefore also applies to the applicable European sanctions. Some questions remained regarding the correct implementation of both regulations. The Guidelines now provide clarity.
ACM’s role
ACM is the regulator for the Open Internet Regulation and checks, for example, whether ISPs unnecessarily block or restrict internet access. ACM maintains the list and reassesses it at least once a year. However, the list is not an exhaustive overview. ISPs themselves remain responsible for assessing websites (new or otherwise) and must show restraint when blocking websites that are not on the list. If a website is on the list, ACM will not take enforcement actions due to violations of the Open Internet Regulation. Violations of sanction rules can have criminal consequences under sanction laws. The assessment of such violations lies with the responsible authorities. In the Netherlands, this is the Dutch Public Prosecution Service (OM).
If ISPs, end users, or other stakeholders believe that a website could be added to the list or, conversely, is wrongfully included on the list, they may report this to ACM.