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boosted handset purchases by more than 200 approach, it remains to be seen whether other
per cent, and mobile penetration increased some countries will follow their lead. Chapter 5
50-70 per cent. From 2009 to 2012, airtime prices
fell by 70 per cent and usage of mobile services Some countries have used statutory pathways
rose by 113 per cent. Through increased handset to push for the adoption of specific m-services
circulation, a higher share of consumers has access and apps to meet certain public policy goals.
to high-value mobile services like m-banking, For example, in order to help mitigate the
m-agriculture and m-health offerings. consequences of serious road accidents across
the EU, the European Commission adopted two
legislative proposals in June 2013 to ensure that
5.4 Rights-based regulatory by October 2015, cars automatically will call
approaches and statutory emergency services when involved in serious
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recognition crashes. This "eCall" system automatically dials
112 -- Europe's single emergency number – after
an accident. The Commission proposed two
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This chapter charts the adoption of light-touch
regulatory mechanisms to foster the diffusion of pieces of legislation to help create and implement
m-services and apps. It is important, however, to the system. The proposed legislation will focus
note that some countries have adopted statutory on deployment in passenger vehicles through the
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pathways – a more formal approach - to define type-approval process.
obligations for diffusion and access to m-services 77
and apps. As previously discussed, regulatory Other recent examples, such as ERA GLONASS
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approaches are not uniform, and countries and SIMRAV, indicate a growing preference
have the freedom to address their own unique for legislative fiat over voluntary approaches to
circumstances as they deem best. This aspect is introduce services into the market. ERA GLONASS
important because in such situations, m-services in Russia stemmed from recent legislation
and apps are fostered through mandatory requiring installation of monitors and in-vehicle
requirements in response to unique national sensors to automatically transmit location details
circumstances. and summon assistance via emergency cellular
service.
The trend toward rights-based regulatory
approaches has been driven by the social Similarly, the Brazilian government introduced
inclusion theory. In recent times, this theory has legislation to tackle the very high levels of vehicle
inspired legal challenges that have confirmed crime in the country through a program called
that Internet and broadband access are basic SIMRAV. This program will mandate installation
human rights. This is the view that all people, of telematics systems in all new vehicles in Brazil.
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including persons with disabilities, must be able Around 25 million vehicles are anticipated to be
to access the Internet in order to exercise and equipped through SIMRAV by the end of 2015, and
enjoy their rights to freedom of expression and Stolen Vehicle Recovery service subscribers could
opinion and other fundamental human rights. exceed 2.5 million by 2013.
This imposes on governments a responsibility to
ensure that Internet access is broadly available, Regulatory approaches need to be flexible
and that countries do not unreasonably restrict an enough to respond to harmonization efforts
individual's access to the Internet and, therefore, across sectors and even geographical regions.
to m-services and apps. 73 Clear consideration is needed to ensure that the
regulatory approach adopted is not a barrier to
Internet access is recognized as a right by the laws future innovation and progress. If in doubt, do not
of several countries -- among them Costa Rica, prescribe or regulate, because innovation needs
France, Spain, Estonia, Finland and Greece. One time and freedom to blossom.
of the benefits of this approach is that statutory
recognition gives impetus to implementing
Internet or broadband access plans, accelerating
access to m-services and apps. While these
countries are the forerunners of this rights-based

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