Key takeaways
Net neutrality is the principle that internet service providers must treat all internet traffic equally -- they cannot speed up, slow down, block or charge differently for different types of content or services. UK net neutrality rules are set out in retained EU Regulation 2015/2120.
Ofcom monitors and enforces net neutrality compliance in the UK. In October 2023, Ofcom published a review finding that net neutrality had worked well but that more clarity was needed in specific areas to allow ISPs to innovate and manage their networks effectively.
Ofcom revised its guidance on ISP compliance with net neutrality rules following the 2023 review. It also identified areas where targeted reforms might be beneficial, but as the rules are set in legislation, any changes require government and parliamentary action.
The UK Government's Department for Science, Innovation and Technology (DSIT) included net neutrality in its Mobile Market Review Call for Evidence. Ofcom will provide independent advice on any future changes.
Net neutrality is relevant to 5G network slicing -- a technology that creates dedicated virtual network segments for specific services. Ofcom is monitoring compliance to ensure network slicing does not violate net neutrality rules.
Reviewed: June 2026Key facts
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What net neutrality means
Net neutrality is the principle that internet service providers -- your broadband or mobile network provider -- must treat all internet traffic equally. They cannot speed up traffic from preferred partners, slow down traffic from competitors, block access to specific services or websites, or charge different prices for accessing different types of content or services.
In practice, net neutrality means that when you use your broadband to watch Netflix, access BBC iPlayer, or use a small startup's new app, your ISP must deliver all of that traffic at the same speed and quality, without preference or discrimination. The ISP is a neutral pipe -- it carries data without caring what the data is or who it comes from.
Without net neutrality rules, an ISP could theoretically: charge Netflix or Amazon Prime to be delivered at full speed while slowing competitors; block access to a streaming service that competes with its own TV product; or sell 'fast lane' packages allowing certain services to reach customers faster than others. Net neutrality rules prevent all of this.
The legal framework in the UK
UK net neutrality rules derive from Regulation (EU) 2015/2120, the Open Internet Regulation, which was retained in UK law following the UK's departure from the European Union. This means the same substantive net neutrality rules that applied across the EU continue to apply in the UK, though the UK can now diverge through its own legislative process.
The rules require that ISPs provide internet access services without discrimination, blocking or throttling of specific applications or classes of application. They permit ISPs to implement reasonable traffic management measures where objectively necessary -- for example, to manage network congestion, protect network security, or comply with legal requirements -- provided these are proportionate, temporary and transparent.
Ofcom is responsible for monitoring and ensuring compliance with the net neutrality rules in the UK. It can investigate ISPs that may be breaching the rules and take enforcement action.
Ofcom's 2023 net neutrality review
In October 2023, Ofcom published a comprehensive review of the UK's net neutrality framework. The review found that net neutrality had, overall, worked well -- ISPs were broadly compliant with the rules and the internet remained open to innovation and competition. However, Ofcom identified specific areas where more clarity was needed.
Ofcom published revised guidance on how it expects ISPs to comply with net neutrality rules, addressing some of the grey areas that had emerged as technology and business models evolved. The guidance covers topics including: what constitutes reasonable traffic management, how specialised services are defined, and the circumstances in which differential treatment of traffic is and is not permissible.
The 2023 review also identified areas where targeted reforms to the rules could be beneficial -- for example, to better accommodate network innovations and give ISPs clearer legal certainty when managing complex networks. However, as the rules are set in primary legislation (retained EU law), any substantive changes require action by government and parliament. Ofcom cannot change the rules unilaterally.
Net neutrality and 5G network slicing
5G Standalone networks enable a technology called network slicing, which allows operators to create dedicated virtual network segments for specific applications or customers. A slice might be configured to guarantee ultra-low latency for autonomous vehicle communications, or reserved bandwidth for critical infrastructure. Network slicing raises questions about net neutrality compliance -- if an operator creates a high-priority slice for a specific service, is that discriminating against other services that use the standard network?
Ofcom's net neutrality framework distinguishes between internet access services (which must be neutral) and specialised services (which can have specific quality characteristics, provided they do not come at the expense of the general internet). 5G network slicing can be offered as a specialised service -- but only where the network has sufficient capacity to also provide a good general internet service to all users. Ofcom monitors compliance with this distinction.
DSIT's Mobile Market Review and net neutrality
The UK Government's Department for Science, Innovation and Technology included net neutrality as a topic in its Mobile Market Review Call for Evidence. The review is examining whether the current mobile regulatory framework is fit for purpose as 5G Standalone networks roll out and new services emerge. Net neutrality is a key question: does the current framework give operators sufficient flexibility to develop new 5G services, or do the rules need updating?
Ofcom has stated it will provide independent support and advice to any future government work on net neutrality reform. Any changes to the statutory framework would require parliamentary legislation. Ofcom's role is to advise on technical and regulatory implications, monitor compliance with existing rules, and enforce them in the interim.
Related guides
Disclaimer: This guide is for informational purposes only. Kael Tripton Ltd is not regulated by the FCA. Information sourced from Ofcom, legislation.gov.uk and GOV.UK. Verify at ofcom.org.uk.
Frequently asked questions
What is net neutrality?
Net neutrality is the principle that internet service providers must treat all internet traffic equally. ISPs cannot block, throttle or charge differently for specific content, services or websites. It ensures that your ISP delivers Netflix, iPlayer, and any other service at the same speed without preference -- it is a neutral carrier of data.
Does net neutrality apply in the UK?
Yes. UK net neutrality rules come from retained EU Regulation 2015/2120 (the Open Internet Regulation), which remained part of UK law after Brexit. Ofcom enforces the rules and can investigate ISPs that discriminate between types of internet traffic. The rules require ISPs to treat all internet access services neutrally, with limited exceptions for reasonable traffic management.
Can my ISP slow down Netflix or block certain websites?
Under net neutrality rules, ISPs cannot block or throttle specific services or websites without legal justification, or create paid fast lanes where preferred content loads faster than others. ISPs can implement traffic management during congestion but only if it is temporary, non-discriminatory, transparent and proportionate. Blocking or throttling specific services commercially is prohibited.
What did Ofcom's 2023 net neutrality review find?
Ofcom's October 2023 review concluded that the UK's net neutrality framework had generally worked well and that ISPs were broadly compliant. However, Ofcom identified areas needing more clarity -- particularly around specialised services and traffic management. It published updated guidance on ISP compliance and identified potential areas for targeted reform, though any changes to the rules themselves require government and parliamentary action.
Is 5G network slicing compatible with net neutrality?
5G network slicing can be offered as a specialised service -- separate from the general internet access service -- provided the network has sufficient capacity to also deliver a good internet service to all users. The key test is that specialised services do not come at the expense of the quality of the general internet. Ofcom monitors compliance with this requirement under net neutrality rules.
Could net neutrality rules change in the UK?
Potentially. DSIT included net neutrality in its Mobile Market Review Call for Evidence, examining whether the current framework is fit for purpose in the 5G era. Ofcom has identified areas where targeted reforms might be beneficial. However, any substantive changes to net neutrality rules require parliamentary legislation -- Ofcom can update guidance but cannot change the underlying statutory framework.
How does Ofcom enforce net neutrality?
Ofcom monitors ISP compliance with net neutrality rules and can investigate potential breaches. ISPs must provide internet access services without discrimination or blocking, and any traffic management must be transparent, temporary and non-discriminatory. Ofcom can impose enforcement actions for breaches under the Communications Act 2003 and the retained net neutrality regulations.
What are specialised services under net neutrality rules?
Specialised services are services other than internet access that are provided over electronic communications networks -- for example, dedicated IPTV services, VoIP delivered with quality guarantees, or 5G network slices for specific applications. These services can be offered with specific quality characteristics, but only where the network has sufficient capacity that offering them does not degrade the general internet access service for other users.
