Internet Service Providers Could Be Breaching EU Guidelines By Blocking Ads And Porn
According to the latest update of the EU guidelines released by Berec, internet providers could be breaking net neutrality regulations if they block content such as adverts and porn on a network level.
And although many providers do offer an opt-in service for blocking, ISPs could still be breaking the guidelines (even after customer consent) if they block at a network rather than device level.
As it stands, EU guidelines offer providers three criteria for blocking content: to comply with member states’ laws, to manage the levels of traffic across a network, or for safety reasons.
And although it may seem that content such as porn should come under the latter, blocking content of this kind has been regarded as somewhat of a grey area, even though net neutrality rules do allow family-friendly filters.
The issue stands with how providers are blocking this kind of content, as explained in the guidelines: “With regard to some of the suggestions made by stakeholders about traffic management features that could be requested or controlled by end-users, Berec notes that the regulation does not consider that end-user consent enables ISPs to engage in such practices at the network level.
“End-users may independently choose to apply equivalent features, for example via their terminal equipment or more generally on the applications running at the terminal equipment, but Berec considers that management of such features at the network level would not be consistent with the regulation.”
Sky, BT and TalkTalk and Three are four of the companies that could be challenged by the update of EU guidelines, as Sky, BT and TalkTalk originally blocked porn and other inappropriate content following pressures from government, and because Three is trialling ad blocking.
However, the decision as to whether these companies and others are breaching EU guidelines ultimately lies with UK regulatory body Ofcom.
An Ofcom spokesperson has said: “We will consider any potential breaches as they arise in accordance with our interpretation of the regulation, and drawing upon the Berec guidelines to inform our approach.”
The guidelines are in place to prevent ISPs from favouring specific content, therefore ensuring customers are receiving non-biased content on their devices.
The updated regulations apply to the whole European Economic Area, which includes the UK.
To read Berec’s full report please click here.
