UK broadband advisors launch review of 'net neutrality' code

The open internet and traffic management transparency codes of practice are voluntary frameworks that require internet service providers (ISPs) signed up to them to generally ensure that they are offering "full and open internet access" to their customers and to clearly explain any restrictions on those services to consumers. All the major ISPs and mobile network operators in the UK have committed to observing the codes.

The Broadband Stakeholder Group (BSG), which is a body that advises the UK government on broadband issues, said the review will check the "effectiveness" of the codes at the moment, what its future holds ahead of new EU 'net neutrality' legislation and "what improvements can be made to the benefit of consumers and content and service providers".

Ed Vaizey, UK government minister for the digital economy, said: “I welcome this decision by industry and the Broadband Stakeholder Group to review the open internet and transparency codes of practice. Both codes have been essential in making sure we have an open internet for consumers in the UK. The government encouraged the industry to develop a self-regulatory solution and so I am delighted with their success."

Under the open internet code ISPs can offer "products" that may restrict "full internet access", but must be upfront with customers about the restrictions on those services. In addition, ISPs are allowed to restrict open use of the internet through "traffic management". This term describes the slowing down or blocking of delivery of content to internet users during times where ISPs' networks are subject to high demand.

The code requires that ISPs do not use traffic management "in a manner that targets and degrades the content or application(s) of specific providers" and ensure that a 'best efforts' internet access is a "viable choice" to consumers even where other "managed services" are available.

New EU legislation, scheduled to be finalised this autumn and have effect next year, will impose new legally binding net neutrality requirements on ISPs.

Net neutrality is the principle that ISPs will deliver all content requested by customers equally, and where the speed and quality of content delivered to customers is not dictated by the price content producers are willing to pay ISPs for preferential treatment of their content as it passes over the ISPs' network.

The anticipated new net neutrality rules will, from 30 April 2016, lay out strict conditions on when ISPs could block or throttle the delivery of content requested by users of their network. It would prevent "paid prioritisation" of content delivery online.

Under the planned new regime, ISPs will be able to agree deals to deliver services of enhanced speed and quality with content providers in some cases, provided that it has no impact on "the open internet".

Matthew Evans, BSG chief executive, said: “The UK’s self-regulatory approach has meant that consumers have benefited from increased transparency, service providers have been given regulatory certainty and content providers have been protected from discriminating practices. It is right that we review the codes’ compliance under the new EU Regulation and make sure that they are fit for the future."