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Implementation
sumption of innocence and the right to privacy. 539 On 19 April 2011, the European Commission
sent a notification to the European Parliament, the Council and the European Economic and Social
Committee and the Committee of the Regions. In this notification, the Commission did not announce
any new measures, but did emphasise the importance of the timely implementation of the
measures contained in Directive 2009/140/EC in amendment of Directive 2002/21/EC regarding a
joint policy with regard to net neutrality. 540 A fixed definition of net neutrality does not exist, but
since 25 May 2011, 541 within the field of telecom, Member States have been obliged “to promote
the capacity of end users to gain access to information and to distribute this or to make use of
applications and services of their choice.” 542 The Special representative of the United Nations also
highlights the importance of the Internet in the matter of freedom of opinion in his report: 543 “The
Internet is an indispensible tool for realizing a range of human rights, combating inequality, and
accelerating development and human progress.” 544 He expresses serious concerns about the way
in which access to the Internet is sometimes denied on the basis of some examples of national
legislation in which a ban for use of the Internet can be imposed. 545 He concludes that not allowing
users access to the Internet is always contrary to the right of freedom of opinion. Member States
must be obliged to make the Internet accessible and affordable for everyone. By imposing a ban on
access to the Internet as a special condition, the fact must be taken into consideration that access
to the Internet is formulated as a fundamental right in international bodies and it is determined
that any restriction of this would, by definition, be contrary to the right to freedom of opinion,
amongst other things.
Legislative proposal for special conditions
In 2010, a legislative proposal for the Amendment of the Dutch Criminal Code was put forward in connection
with amendments to the regulation of the suspended sentence and the regulations governing
releases on parole. 546 The legislative proposal provides for amendments to a number of points, including
the establishment of a (non-exhaustive) list of special conditions in legislation. It also creates
the opportunity for rapid action to be taken in the event that conditions are not complied with. 547
Besides this, the intention of the legislative amendment is also to ensure that the authority of probation
and after-care services to issue instructions as a special condition is anchored more firmly in the
539 EU Telecoms Reform: 12 reforms to pave way for stronger consumer rights, an open Internet, a single
European telecoms market and high-speed internet connections for all citizens, Memo/09/568, 18
December 2009.
540 COM (2011) 222 final, EU Official Journal. C189/13.
541 The date of implementation for Directive 2009/140/EC is namely 25 May 2011.
542 See Article 8, paragraph 4(g) of the Directive 2009/140/EC.
543 Report of the UN Special <strong>Rapporteur</strong> on the promotion and protection of the right of freedom of
opinion and expression, UN Doc A/HRC/17/27, 16 May 2011.
544 Report of the UN Special <strong>Rapporteur</strong> on the promotion and protection of the right of freedom of
opinion and expression, UN Doc A/HRC/17/27, 16 May 2011, §85.
545 Report of the UN Special <strong>Rapporteur</strong> on the promotion and protection of the right of freedom of
opinion and expression, UN Doc A/HRC/17/27, 16 May 2011, §49.
546 Parliamentary Papers II, 32 319.
547 The legislative proposal also provides for the training order in the suspended sentence; the training
order should be revoked as an independent community service order.
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