Ofcom revises its guidance on how ‘net neutrality’ rules should apply in the UK

The United Kingdom's current net neutrality rules are set out in legislation. Any changes to the rules in future would be a matter for Government and Parliament. Ofcom is responsible for monitoring and ensuring compliance with the rules and providing guidance on how ISPs should follow them. In 2021 Ofcom started a review of net neutrality. The review has found that, in general, it has worked well and supported consumer choice as well as enabling content providers to deliver their content and services to consumers. However, there are specific areas where we provide more clarity in our guidance to enable ISPs to innovate and manage their networks more efficiently, to improve consumer outcome.

• ISPs can offer premium quality retail offers: Allowing ISPs to provide premium quality retail packages means they can better meet some consumers’ needs. For example, people who use high quality virtual reality applications may want to buy a premium quality service, while users who mainly stream and browse the internet can buy a cheaper package. Our updated guidance clarifies that ISPs can offer premium packages, for example offering low latency, as long as they are sufficiently clear to customers about what they can expect from the services they buy.
• ISPs can develop new ‘specialised services’: New 5G and full fibre networks offer the opportunity for ISPs to innovate and develop their services. Our updated guidance clarifies when they can provide ‘specialised services’ to deliver specific content and applications that need to be optimised, which might include real time communications, virtual reality and driverless vehicles.
• ISPs can use traffic management measures to manage their networks: Traffic management can be used by ISPs on their networks, so that a good quality of service is maintained for consumers. Our updated guidance clarifies when and how ISPs can use traffic management, including the different approaches they can take and how they can distinguish between different categories of traffic based on their technical requirements.
• Most zero-rating offers will be allowed: Zero-rating is where the data used by certain websites or apps is not counted towards a customer’s overall data allowance. Our updated guidance clarifies that we will generally allow these offers, while setting out the limited circumstances where we might have concerns.