Ofcom publishes updated guidance on net neutrality

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Ofcom has reviewed the net neutrality framework applying in the UK and published updated guidance to provide more clarity to internet service providers (ISPs) regarding the applicable rules and with a view to providing greater flexibility in the way that ISPs manage their networks. The net neutrality rules are set out in the Open Internet Access Regulation and are aimed at ensuring that traffic across broadband and mobile networks is treated equally and particular content or services are not prioritised or slowed down in favour of others. Ofcom’s guidance assists in interpreting these rules and clarifying what is permitted under the framework. Now that the UK is no longer part of the EU, it has flexibility to diverge from the EU net neutrality regime under the EU Open Internet Regulation and associated BEREC guidance. Notwithstanding this, the regimes are broadly consistent but there are some divergences.

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