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This Article has been authored by Sejal Gupta, a student at Nirma University, Ahmedabad.
Introduction
Net neutrality is often associated with the principles that guide the handling of traffic circulating over Internet networks. However, the lack of a precise and concrete definition has led to different interpretations by different agents. For some, net neutrality refers to the need to ensure the openness of the Internet, preserving users’ free and non-discriminatory access to content, applications or services available on the Internet. For others, net neutrality instead implies that all data on the Internet should be treated equally.[i]
History of net neutrality
There has been de facto net neutrality in India since 1998 when Internet Service Providers (ISPs) were first permitted to begin operations in the country. However, in December 2006, the Telecom Regulatory Authority of India (TRAI)[ii] released a consultation paper stating that this de facto net neutrality could be disrupted in the future by ISPs. According to the TRAI consultation report, ISPs will discriminate against rival apps and service providers in the absence of Net Neutrality Regulations. As a result, TRAI sought input from stakeholders about whether there should be legal requirements for Net Neutrality or whether it should be left to market powers.
With Reliance and Airtel's announcements about Internet.org and Airtel Zero[iii], Net Neutrality in India has been severely harmed, as predicted. These two sites were developed to offer free internet. Free Internet is appealing, but one must keep in mind that you will only use services/apps that have made a contract with telecom firms (telecoms). Smaller software developers, especially newcomers, who cannot afford Airtel or Reliance's data prices, would be at a distinct disadvantage. Those who backed Facebook's Free Basics or Airtel Zero should be aware that they were effective against Net Neutrality. Ex-TRAI chairman Rahul Khullar also said that what Airtel or Facebook attempted to do was against Net Neutrality. He went on to say that it was not unconstitutional because India did not have a rule upholding net neutrality.
In response to these attacks on net neutrality in India, the TRAI issued a consultation paper on over-the-top-services (OTT) and net neutrality on March 27, 2015, for public comment. The deadline to send comments was April 24, 2015, and TRAI got over a million e-mails. After considering input from various stakeholders, the TRAI banned telecom service providers from charging differentiated rates for data services on February 8, 2016, effectively ruling out Facebook's Free Basics and Airtel's Zero network. The long-awaited 'Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016' from the TRAI reported that:
1. No service provider can charge or provide differential data service tariffs based on quality.
2. No service provider shall enter into any deal, agreement, or contract with any individual, natural or lawful, that has the effect of discriminatory tariffs for data services being provided or paid by the service provider to circumvent the prohibition in this regulation.
3. A reduced tariff has been allowed for obtaining or delivering emergency assistance and during periods of national emergency.
4. Financial penalties for violating the law have since been created.
5. These regulations can be reviewed by TRAI after a two-year cycle.
Net Neutrality in India
The government had enacted no statutes, laws, or acts regarding Internet Service Providers and their jurisdiction over user freedom and liberty. However, due to the involvement of private players in the telecom industry, independent regulations were required. Thus, the Telecom Regulatory Authority of India was created by an Act of Parliament, the Telecom Regulatory Authority of India Act, 1997, with effect from February 20, 1997, to control telecom services, including the fixation/revision of tariffs for telecom services that were previously vested in the Central Government.
Controversy: Facebook and Airtel
India has had its justifiable share of controversy around Facebook s internet.org, and Airtel Zero, which promised internet access at a minimal price, if not free. Obviously, it came at a price. Just in case you missed the excitement round the two offerings, to chop an extended story short, TRAI (Telecom regulatory agency of India) issued recommendations in favour of net neutrality. And even the netizens supported the #SaveTheInterent campaign, due to which Facebook had to kill its free internet initiative. Facebook Internet.org and Airtel Zero controversy If you remember the first internet days (somewhere round the year 2008 with GPRS connectivity), Orange (now Vodafone) offered Orange Live platform whereas Airtel offered Airtel Live. Basically, these portals were freed from charge, and only offered users to get and download mobile games, wallpapers, ringtones, videos and more. It had been fine in those days where mobile phones and networks weren’t powerful enough, and internet was just penetrating. But, with the present Smartphone era, the market seems to possess changes. Consumer preferences have undergone a massive change, for example video streaming is a clear favourite among teens now. Why did Internet.org and Airtel Zero irk so many?
In a bid to supply affordable internet to the users, Facebook started its internet.org initiative with access to pick internet services. Airtel Zero also had an identical model. At a look, it seemed good for users as they didn’t need to buy data plans to use the web. They might simply head over to their web browsers and surf the websites. But there was a catch. Facebook’s business model was simple. The service provider had to register with the social network for internet.org, and users could then access these services using Free Basics app. a number of the accessible websites include ask.com, AccuWeather, Bing search, dictionary.com, ESPN, wikiHow, Wikipedia, and in fact, Facebook. Do any of those sites excite you? Sure, a number of these websites may assist you search for information, but it doesn't solve the larger problem. Airtel Zero was also supported along similar lines where the telecom operator offered its users with free access to certain mobile apps and services even when users had zero balance. Again, the power to access internet with zero balance may be a good thing (via WhatsApp, Facebook Messenger), especially in situations where you would like to urgently communicate with someone, without having to go to a store to recharge your account. However, not all services were included in free plan, which basically violated the essential principle of net neutrality.
Net Neutrality: the Aim of Digital India
PM Narendra Modi presented the Digital India activity, and after demonetization, it's gotten more significant than the other time. Today, we have all the information open on the net. Be it your Aadhaar subtleties, driving permit and RC book, and that is only the tip of the iceberg. There are portable wallets like Paytm, Freecharge and Mobikwik among others, and arrangements like Samsung Pay that let you to form credit only installments for various things, directly from service fee installments to versatile re-energize, be sure of lodging bills, get your taxi rides or maybe compensation at tollgates. UPI (Unified Payments Interface) and Aadhaar pay are other installment options that are at home with empower credit only exchanges. Yet, there's something significant that's needed here to own the choice to manoeuvre cash through these credits only modes, you wish web access. What's more, what's the employment of getting free web, once you can't utilize administrations like Google Search, Paytm wallet or UPI-empowered BHIM? On the off chance that we want Digital India to succeed, internet fairness is an absolute necessity, and it's acceptable to determine TRAI taking the required activities to induce this going. In the US, Federal Communications Commission (FCC) has slaughtered Net Neutrality, which is able to permit ISPs to specialize in information from one specialist co-op over other. While that's terrible for open web allies, it's acceptable that TRAI s position on unhindered internet in India is for certain that internet providers should be non-unfair.
Conclusion
Currently, the countries that have already adopted net neutrality regulations share a vision of embracing fair traffic management practises while also stressing the value of limiting malicious content. It is thus critical for countries to begin developing a unanimous position to enact net neutrality regulations without any border divide whatsoever.
[i]Bello, Pablo, Juan Jung, and GLOBAL COMMISSION ON INTERNET GOVERNANCE. The Shifting Geopolitics of Internet Access: From Broadband and Net Neutrality to Zero-rating. Report. Centre for International Governance Innovation, 2017. 61-72. Accessed March 15, 2021. http://www.jstor.org/stable/resrep05240.9. [ii]Home | Telecom Regulatory Authority of India | Government of India, https://trai.gov.in/ (last visited Mar 15, 2021). [iii]Airtel Zero plan prima facie violates the principle of net neutrality, says Trai - The Economic Times, , https://economictimes.indiatimes.com/tech/internet/airtel-zero-plan-prima-facie-violates-the-principle-of-net-neutrality-says-trai/articleshow/46938313.cms (last visited Mar 15, 2021).