Review of the Open Internet Codes © Photo Credit: lassedesignen - stock.adobe.com

Review of the Open Internet Codes

WIK completes review of the Open Internet Codes. Our review finds that the Open Internet Codes in the UK add value over and above the Connected Continent Regulation.

The Broadband Stakeholder Group (BSG) published WIK’s review into the UK’s industry led approach to the Open Internet at a launch event in London on 17th November 2015. Our report found that the UK Open Internet and Traffic Management Codes of Practice have been effective when measured against the principles of an Open Internet. We also found that the Codes could continue to add value over and above the requirements laid out in the Regulation.

The BSG had commissioned the review both as a form of good practice and to ensure that the UK’s approach could continue to remain compliant under the new EU Connected Continent Regulation (10788/15), which will be officially published later this year.

In our report, we analyse each objective of the Open Internet individually – 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. To achieve this objective, we draw from desk research, individual in-depth interviews with stakeholders and a short questionnaire circulated among the members of the Open Internet Forum.

A key ingredient to the Codes’ functioning is healthy competition in the UK market for electronic communications. A most indicator of success of the Open Internet Codes is a striving Over-The-Top (OTT) market. In the UK, consumers are able to access more than 60 online music services and all major video players. This is the broadest range of choice across OECD countries.

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 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 next year.

Authors

  • Martin Waldburger
  • René Arnold