Current Affairs
NET NEUTRALITY IS THE SUBJECT WHICH IS FREQUENTLY DISCUSSED IN ALL MEDIA - WHAT DO YOU MEAN THAT?
On 8th Feb 2016, Telecom Regulatory Authority of India (TRAI) banned differential pricing of data services. As per TRAIs press release, the regulator had multiple responses soliciting different opinions with respect to its consultation paper. Considering all the responses, the regulator decided to have an ex ante regulation instead of a case by case tariff investigation regime. According to the TRAI this decision was reached in order to give the industry participants the much needed certainty and in view of the high costs of regulation in terms of time and resources that will be required for investigating each case of tariff discrimination. Ruling prohibits any service provider from offering or charging discriminatory tariffs for data services on the basis of content and also prohibits any agreement or contract which might have effect of discriminatory tariffs for data services or may assist the service provider in any manner to evade the regulation. It also specifies financial disincentives for contravention of regulation. However, the ruling does not prescribe a blanket ban on differential pricing and provides an exception in case of public emergency or for providing emergency services. Discriminatory tariffs are allowed in the case of an emergency. Lastly, according to TRAI this ruling shouldn't be considered the end of the net neutrality debate. The regulator has promised to keep a close view on the developments in the market and may undertake a review after two years or at an earlier date, as it may deem fit
In March 2015, the 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 was condemned by various politicians and internet users. By 24 April 2015, over a million emails had been sent to TRAI demanding net neutrality. The consultation period ended on January 7, 2016.
Violations of net neutrality have been common in India. Examples beyond Facebooks Internet.org include Aircels Wikipedia Zero along with Aircels free access to Facebook and WhatsApp, Airtels free access to Google, and Reliances free access to Twitter.
Facebooks Free Basics program is seen by activists as a net neutrality violation, based on its provision of free of cost access to dozens of sites, in collaboration with telecom operators.
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:
- No service provider can offer or charge discriminatory tariffs for data services on the basis of content.
- 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.
- Reduced tariff for accessing or providing emergency services, or at times of public emergency has been permitted.
- Financial disincentives for contravention of the regulation have also been specified.
- 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 colleagues controversial tweet that Free Basics was same as Colonialism