Small Changes as BSG Stiffens UK ISP Open Internet Code of Practice

The Broadband Stakeholders Group, a think-tank for UK government policy, has today completed a review of its Voluntary Open Internet and Traffic Management Codes of Practice for ISPs and proposed a number of changes to help keep the commitments in line with Europe’s new Net Neutrality stance.

The current Open Internet and Traffic Management Code of Practice was originally established in 2012 to ensure “the provision of full and open internet access” and to prevent ISPs and mobile network operators from abusing Traffic Management practices to “degrade the services of a competitor“.

However it wasn’t until earlier this year that all of the major Communication Providers finally gave their full support to the code (here) and in the meantime many smaller ISPs have continued to ignore it.

The 3 Core Open Internet Code Commitments

1. Ensure that full and open internet access products, with no blocked services, will be the norm within their portfolio of products.

2. Provide greater transparency in instances where certain classes of legal content, applications and/or services are unavailable on a product. These products will not be marketed as “internet access” and signatories will be obliged to ensure that any restrictions are clearly communicated to consumers.

3. Not [to] target and degrade the content or applications of specific providers.

However the code, which Ofcom once described as being an “effective self-regulatory model“, has recently come under pressure from Europe’s decision to enshrine aspects of Net Neutrality into law (i.e. the principle of treating all Internet traffic as equal).

Broadly speaking the EU’s new approach is actually very similar to the United Kingdom’s existing voluntary one above and as such the BSG’s review, which was undertaken by WIK, has concluded not to make too many fundamental changes to its approach.

Matthew Evans, CEO of the BSG, said:

“Today’s report demonstrates that the UK’s self-regulatory approach has provided certainty to both content and network providers whilst allowing them each the flexibility to innovate. This has been beneficial for both groups and the UK consumer without the need for overly prescriptive regulation or costly court cases. We believe that our approach can be compliant with and add value to the EU Regulation. That is why the Code signatories have committed to making revisions to the Code by the middle of 2016.”

The report found that the BSG Codes have been “effective when measured against the principles of an Open Internet“. These are that all users should be able to access all legal content, that there should be no discrimination against content providers on the basis of commercial rivalry; and traffic management policies should be clear and transparent.

WIK’s Five Recommendations

1. Merge the two Codes (Open Internet and Traffic Management Transparency).

2. Provide consistent guidance for the UK market.

3. Proactively address services other than internet access services (IAS).

4. Further improve information provided to consumers under Key Fact Indicators (KFIs) in line with best practice.

5. Maintain Ofcom’s position and complaint process.

WIK also claims that the Codes could continue to add value “over and above the requirements laid out in the Regulation”. The BSG will be working with signatories to the Code, and the Open Internet Forum to enact the recommendations contained within the report by the middle of 2016.

Meanwhile the new EU regulation will apply (directly) from April and that will form a regulatory backstop for the BSG’s refreshed Code.