Are we going to lose free WhatsApp?

A week has passed since the Constitutional Court announced the unconstitutionality of a law that created the "zero rate" model for Colombian mobile internet plans, a system through which operators can offer applications without data usage.

This follows a lawsuit filed by the legal group El Veinte, a collective dedicated to freedom of expression issues, with Ana Bejarano as its most prominent figure, a lawyer and columnist, against whom, incidentally and in total rejection, a horrific wave of insults and affronts has erupted.

Returning to the topic, it's important to analyze several aspects. First: where does this idea of ​​apps without data consumption come from? It comes from a National Development Plan approved in 2011, a time when there was a need to incentivize the use of mobile internet and apps to benefit the country's productivity and social communications.

Thanks to this, millions of Colombians can use the most popular apps without using up their data, a benefit that's especially important for prepaid customers, who make up the majority of users.

El Veinte says that this "zero-rate" model is contrary to the freedom of choice, that it benefits a few digital giants, and that it is contrary to the concept of network neutrality, which states that all content, applications, etc., on the internet should be treated equally without advantages or restrictions.

Where do these apps without data come from? Operators say they come from the list issued by the Communications Regulatory Commission (CRC) of the most popular apps in the country.

Is it bad that Meta (WhatsApp, Instagram, Facebook) are the main beneficiaries? Yes, it is. But unfortunately, they are the most used, and therefore, if they don't consume data, millions who need, for example, WhatsApp to work, study, communicate, sell their products, or Facebook and Instagram for information, entertainment, expression, etc., will benefit.

Operators have reiterated that they have no agreements for "zero pricing." On the contrary, they are engaged in a bitter struggle with these giants to get them to pay for the massive network usage of their apps.

That's why the Court's expected ruling is worrying, as it has a hot potato: it must uphold the unconstitutionality, which will mean returning to the model in which users pay for a plan, postpaid or prepaid, and their data capacity will run out as they use all the apps.

This will honor the intent of the lawsuit: respect for net neutrality and the right for everyone to freely use the apps they want, regardless of the cost.

Anything contrary would be extremely dangerous, and not just for this sector. The Court cannot force operators to offer any app without data usage to 100 million lines, as this would not only be unmanageable but confiscatory.

The Court may suggest, urge, or invite Congress, the Ministry of Communications (MINTIC), or the CRC to study public policies on the matter. But our WhatsApp and social media networks will now consume data from our plan or top-up charges, surely that's the way it will be. Long live freedom and net neutrality!