NET Neutrality Regime in India

Net neutrality generally means that the Government and the internet service providers treat all data available in the internet equally and non-discriminatively. It implies that there is no biased and discriminative pricing of data products and services based on the type of data available in the internet, thereby not giving any preferential treatment to selective websites or web based applications.

In India, there have been a number of debates on whether net neutrality should remain or be scrapped. It has been debated that in case net neutrality is scrapped, then selected websites or web based applications which are most used by consumers may become costlier than others. For instance, consumers may be charged to gain access to certain social media websites like Facebook, and Twitter, ecommerce websites like Flipkart and Amazon, etc but other websites may be accessible free of any data charges. This move may only benefit some big corporates offering such websites or web based applications to consumers at high/premium costs.

In this regard, the Telecom Regulatory Authority of India (TRAI) had issued the Prohibition of Discriminatory Tariffs for Data Service Regulations 2016 to bar service providers from charging differential pricing for data services in India on the basis of content. Further, it has also prohibited service providers from entering into any arrangement or agreement with any person that has the effect of discriminatory tariffs for data. But in certain cases TRAI has allowed service providers to reduce tariff in the following cases:

.1. For accessing or providing emergency services, with the prior approval of TRAI,

2. For implementing any order or direction of court or the Government of India,

3. For preserving the integrity and security of the network and equipment, etc.

Recently, India and Europe have come to an understanding in order to back the net neutrality regime. The TRAI and the Body of European Regulators for Electronic Communications (BEREC) have signed a Memorandum of Understanding (MoU) dated 14.06.2018 to collaborate on implementation and preservation of net neutrality rules. Both TRAI and BEREC have expressed their willingness to ensure that people have access to open internet. As a result, the access to open internet would pave way for growth and innovation of technologies in both the economies.



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