On the one hand, I have always maintained that Colombia is an over-regulated market in telecommunications; On the other hand, there is nothing worse than ‘legislative creativity’, when proposals appear for strange measures that are encouraged for who knows what reason and affect users instead of improving the quality and service, as it should.
This situation Allegation of unconstitutionality regarding certain parts of Article 56 of the National Development Plan, This could deprive millions of Colombians of data consumption, browsing plans if they have prepaid service, or the ability to use free apps when their internet battery runs out.
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Mobile operators have been conducting market studies for years to discover which services and applications their current and potential customers use most, with the idea of competing with a valid and legal interest: offering them the option of having these communication platforms at all times. Functional and networks even if your navigation or prepaid recharge plan expires or runs out.
Under this scheme, Approximately 63 million Colombians, prepaid phone users who charge their phones for a few pesos a week, will be deprived of WhatsApp, Facebook, Twitter, Instagram, Waze, Nequi, Daviplata. To name a few, today they enjoy it even if they have no balance in their accounts.
The same situation applies to people who have a basic postpaid tariff and may be left without data towards the end of the month because they consume from the tariff they pay according to their financial capacity, but they do not remain without communication thanks to the zero tariff. This is called rating, the concept of applications that do not consume data and are widely used around the world as a marketing and sales tool.
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What do those who presented this case to the Constitutional Court argue? They say that giving free applications that do not consume data violates the neutrality of the internet and also affects freedom of expression.. Why do some apps with no data consumption and others not have this advantage?
On the other hand, they point out that people were allegedly ‘profiled’, that their privacy and habeas data were attacked, that they were not consulted when deciding whether to use the data of these applications, and that they were not expressly authorized to use the data. Get this advantage on your mobile phone plans.
Curious. Will the plaintiffs know that an enterprising woman, a housewife, a mother in the remotest town uses this free WhatsApp to talk to her children, take care of her business, and stay in touch with her family and friends? Do you receive income and transfers to live with Nequi or Daviplata, which have no data consumption and can be used even if you don’t have a charge? Or do you want to be able to stay informed, present your opinion, participate, create content and express yourself freely through WhatsApp, Twitter and Facebook, which you can use even if you do not have data?
If the claim in question is decided in favor, If that’s the intention of the measure’s supporters, operators won’t lose money. Since there is no payment agreement between operators and these platforms, there are no WhatsApp, Facebook or other applications that can be used without data today.
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Source: Exame
