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ExtraTorrent.cc > Articles > ISPs Break EU Guidelines by Restricting Access to Adult Content

ISPs Break EU Guidelines by Restricting Access to Adult Content

ISPs Break EU Guidelines by Restricting Access to Adult Content

Added: Friday, September 2nd, 2016
Category: Bit Torrent Freedom > The Right To Share
Tags:ISP, Download, BitTorrent, MPAA, RIAA, copyright-infringement, file-sharing, Torrenting
UK ISPs that restrict user access to porn or block ads, even if customers opt in, could be doing so in violation of EU guidelines on net neutrality. Following pressure from the government, a number of the largest providers, including Sky, BT and TalkTalk, already allow their users to block access to porn websites. Mobile operators follow the suit, with O2 and Three running a trial of ad blocking that asked users to opt in.

In the meantime, European regulations cite only three reasons to block content: for security, to comply with a member state’s laws, or to manage levels of traffic across a network. In other words, there is no clear legal framework in UK legislation that allows blocking adult content. This is why ISPs have relied on providing the option to opt in to protect themselves from breaking the rules. The problem is that guidance on the interpretation of EU guidelines says that even if a user wants certain content to be blocked, such blockade should be done on their device only, instead of the entire network.

Interpretation of the EU guidelines falls to the Internet watchdog Ofcom, but it must take them into account when investigating a breach. Ofcom promised to monitor compliance with the new rules and review any complaints received. Apparently, the updated guidance made it clear that the regulator had found no legal basis for using customer choice to justify blocking any content.

While David Cameron said in 2015 that he had secured an opt-out from the rules enabling the UK ISPs to introduce porn filters, the net neutrality rules introduced after his claim said they applied to the whole Europe, including the UK.

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Date:  Friday, September 2nd, 2016

Comments (2) (please add your comment »)

posted by Kitty (2016-09-02 14:34:34)
Crash1 avatarQuery ... I thought the UK was no longer a member of the EU (that whole Brexit debacle) ... and therefore no longer obligated to follow their laws, regulations & guidelines?

posted by (2016-09-02 16:25:55)
No avatar@Crash1 - UK is still in the EU. We voted to come out, but now we have to Invoke article 50 of the Lisbon Treaty which gives us upto 2 years to negotiate our exit. Then we'll be out. Until then, we have to accept all laws they impose on us; good or bad!!!

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