Everything about Net Neutrality

What is Net Neutrality

Net neutrality is the principle that Internet service providers must treat all data on the Internet the same, and not discriminate or charge differently by user, content, website, platform, application, type of attached equipment, or method of communication. For instance, under these principles, internet service providers are unable to intentionally block, slow down or charge money for specific websites and online content.

Net Neutrality in India

As of August 2015, there were no laws governing net neutrality in India, which would require that all Internet users be treated equally, without discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. There have already been a few violations of net neutrality principles by some Indian service providers. The government has once again called in for comments and suggestions regarding net neutrality as of 14 August, and has given the people one day to post their views on the mygov forum. After this, the final decision regarding the debate will be made. On 28 November 2017 the TRAI released its recommendations on Net Neutrality. With that, India is one step closer to ensuring that net neutrality is enforced nationwide.

The debate on network neutrality in India gathered public attention after Airtel, a mobile telephony service provider in India, announced in December 2014 additional charges for making voice calls (VoIP) from its network using apps like WhatsApp, Skype, etc.

In March 2015, Telecom Regulatory Authority of India (TRAI) released a formal consultation paper on Regulatory Framework for Over-the-top (OTT) services, seeking comments from the public. The consultation paper was criticised for being one sided and having confusing statements. It received condemnation from various politicians and Indian Internet users. The last date for submission of comment was 24 April 2015 and TRAI received over a million emails.

On 8 February 2016, TRAI took a revolutionary decision, prohibiting telecom service providers from levying discriminatory rates for data, thus ruling in favor of Net Neutrality in India. This move was welcomed by millions of Indians and also by people from other countries who are fighting or fought for net neutrality , and the inventor of the World Wide Web, Tim Berners Lee.

TRAI rules in favor of Net Neutrality

The TRAI on 8 February 2016 barred telecom service providers from charging differential rates for data services, thus prohibiting Facebook’s Free Basics and Airtel Zero platform by Airtel in their present form.

In their latest ruling,  they have stipulated that:

1. No service provider can offer or charge discriminatory tariffs for data services on the basis of content.
2. No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that the effect of discriminatory tariffs for data services being offered or charged by the service provider for the purpose of evading the prohibition in this regulation.
3. Reduced tariff for accessing or providing emergency services, or at times of public emergency has been permitted.
4. Financial disincentives for contravention of the regulation have also been specified.
5. TRAI may review these regulations after a period of two years.

In an emailed statement to the press, a Facebook spokesperson said, “While disappointed with the outcome, we will continue our efforts to eliminate barriers and give the unconnected an easier path to the Internet and the opportunities it brings.” Similarly, Mark Zuckerberg said that his colleague's controversial tweet that "Free Basics was same as Colonialism"—Marc Andreessen was "Deeply upsetting".

Legal aspects

There are no laws enforcing net neutrality in India. Although TRAI guidelines for the Unified Access Service license promotes net neutrality, it does not enforce it. The Information Technology Act, 2000 also does not prohibit companies from throttling their service in accordance with their business interests. In India, telecom operators and ISPs offering VoIP services have to pay a part of their revenues to the government.

Violations of net neutrality have been common in India. Examples beyond Facebook's Internet.org include Aircel's Wikipedia Zero along with Aircel's free access to Facebook and WhatsApp, Airtel's free access to Google, and RCom's free access to Twitter.