Ofcom launches net neutrality review

The regulator is reviewing the consumer-friendly rules post-Brexit

Ofcom has launched a review of the UK's net neutrality rules - the regulations that ban ISPs from providing preferential treatment to certain customers or websites. The end result could be a weakening of the directive, which would see the UK going the same way as the USA in the future.

Briefly, net neutrality means each internet packet is treated the same as every other - none are favoured or disadvantaged compared to its compatriots. That means each website should load at roughly the same speed, each streaming service should buffer at the same rate, and so on.

ISPs like BT and AT&T have long objected to the practice. They see it as being forced to adopt specific traffic management techniques, when - they argue - they currently manage their traffic to make the best use of available bandwidth.

It also means they can't favour content sources based on who pays them the most money, or block certain legal services (and thus affect consumer choice). That approach is often referred to as a walled garden.

The UK has been a leading voice in favour of net neutrality for years, adopting its own self-regulatory approach in 2011, which informed the EU's own rules in 2016. However.

The long shadow of Brexit

However, post-Brexit, Ofcom is reviewing some of the regulations the UK adopted as an EU member. It notes that the internet environment has changed and frames the review in these terms:

'There are new, innovative and evolving technologies emerging in residential and business contexts (e.g. internet of things devices). These are underpinned by catalysts such as the emergence of 5G technology, and the accelerated move to the cloud.'

Ofcom has launched a review [pdf] of the regulations, to 'ensure [net neutrality] continues to best serve citizen and consumer interests and support access and choice, while allowing businesses to innovate and invest in current and new services'. The review and call for evidence will run until 2nd November, and stakeholders can respond here or via email. If using email you must submit your response as an attachment in Word, along with the cover sheet.

BT has unsurprisingly welcomed the move. In a statement, the company said, 'It's in everyone's interests to maintain a fair and open internet but that requires rules to adapt to the way the internet has evolved. With the dependency on online services continuing to grow, we believe the time is right for Ofcom to be reviewing this important area, supporting the industry to enable a positive experience for all users in the years ahead.'

Net neutrality is one of the most important and consumer-friendly regulations in modern life. Ofcom will need to be very careful with any changes.