Pankaj Doval| TNN

HIGHLIGHTS

  • Mobile operators, internet providers and social-media companies cannot engage in, or seek, preferential treatment of content
  • The move is being seen as progressive as it will not allow any operator, internet service provider or internet giant to create a monopoly on the internet

Representative image (Reuters)Representative image (Reuters)

NEW DELHI: In a decision that will ensure that netizens continue to have free and fair access to the internet, the government on Wednesday approved the principles of net neutrality in India.

“Any deviations and violations of the rules of net neutrality – which come into effect almost immediately – will be met with stiff penalties,” telecom secretary Aruna Sundarajan told TOI.

Under net neutrality, online access is unrestricted and non-discriminatory. The only exceptions are new and emerging services such as autonomous driving, tele-medicine or remote-diagnostic services, which may require prioritised internet lanes and faster-than-normal speeds. A committee will look into the possible exceptions for “critical services” which will also be defined keeping in view the basic tenets of net neutrality.

Net neutrality: All you wanted to know but were afraid to ask

Sundararajan said the inter-ministerial telecom commission, which met on Wednesday, gave the go-ahead to net neutrality in the country.

Net

Net neutrality has become a contentious issue across the world as social media giants and mobile and internet providers seek greater control on delivery of content and services to customers. It is feared that handing out greater and unchecked control to them will lead to monopolies and situations of paid prioritisation, both of which will stifle the start-up culture and new innovations.

The US, the world’s biggest internet economy, is yet to take a clear stand on the matter. In May, the US Senate voted in favour of keeping open-internet rules as it attempts to overturn regulator Federal Communications Commission’s decision to repeal net neutrality rules, something seen as difficult in view of challenges at the House of Representatives or the White House.

All those who believe in a fair marketplace should welcome the reiteration that the principles of net neutrality will be upheld in India. This will ensure that those who control the pipes through which data flows – between providers and consumers of content – cannot favour some providers over others. The government now needs to ensure there are no loopholes that could result in an uneven playing field – for instance, companies that own both broadband and produce content should not be allowed to distribute their content free, by not charging for the data. Conversely, other content providers should have the same free access to distribution.

As per the net neutrality rules in India, mobile operators, internet providers and social-media and internet companies cannot engage in, or seek, preferential treatment as there will now be prohibition on any kind of interference in the treatment of content, including practices like blocking, degrading, slowing down or granting differential speeds or treatment to any content.

Moreover, any efforts to create zero-rated platforms have now been blocked. Zero-rated platforms, which had earlier been tried (by companies such as Airtel and Facebook) but barred, offer only a certain category of services and websites as free, thus creating paid layers and stifling competition and innovation.

The government’s decision is being seen as progressive as it will not allow any mobile operator, internet service provider or online/social media giant to create monopolies on the internet by getting specialized treatment by paying for it. The rules of equal access will be maintained and no company can buy special treatment for itself or its services.

Industry analysts said that net neutrality rules will help the culture of startups and innovation as access to the internet and delivery of services will be the same for everyone. “Smaller companies will have the opportunity to grow unhindered with no fear of bigger rivals stifling their opportunities by paying for specialized treatment,” a government official said.

Sundararajan said that net neutrality will come into force through a notification by the telecom ministry, and companies will need to adhere to its principles. Changes to the licensing norms for companies will be made to factor in the new-age rules.

The telecom secretary, who also heads the telecom commission, also said that internet traffic management by mobile companies will be monitored in the new regime. “The telecom department will decide on traffic management rules, and will seek recommendations from sector regulator Trai on the same.”

The government has also decided for the formation of a multi-stakeholder body for the monitoring and enforcement of net neutrality. “Apart from government officials, this will have representatives from telecom companies, internet service providers and those engaged in internet-of-things platforms,” Sundararajan said.

The grounds for net neutrality and free and fair internet was laid by Trai which in November last year recommended that internet access in India should remain non-discriminatory with no restrictions in the delivery of content through practices such as throttling of speed, blocking, paid prioritisation or preferential treatment.

Trai chairman R S Sharma has also advocated for the introduction of net neutrality principles in India. “The overarching goal for us has been that internet must remain an open platform, unhindered by any entity, so that users and customers have a choice to access content of their liking… Nobody owns the internet and thus it should be available to everyone. We seek openness and integrity of the internet.”

TELECOM POLICY TARGETS

  • 50Mbps Download speed for every household
  • Rs 6.5lakh crore Investment in the sector
  • 4 million New job opportunities

TELECOM COMMISSION APPROVES KEY PROPOSALS

  • Net neutrality norms, free and fair access to internet
  • New Digital Communications Policy, to go to Cabinet for final approval
  • Funding of Rs 10 cr per scheme from USOF for pilot projects which will offer connectivity through alternative technologies
  • Setting up of 12.5 lakh WiFi hotspots at cost of Rs 6k cr from USOF
  • Removal of double taxation for virtual network operators (VNOs), will be required to pay levies based on their adjusted gross revenue earned from any value addition