Net neutrality wins in Facebook faceoff

Tribune News Service

New Delhi, February 8

In a big win for activists in favour of “net neutrality”, the Telecom Regulatory Authority of India (TRAI) today prohibited discriminatory tariffs for data services on the basis of content and ordered that tariff cannot vary on the basis of the website/ application/ platform/ or type of content being accessed.

In an order, ‘Prohibition of Discriminatory Tariffs for Data Services Regulation 2016’, the telecom sector regulator said: “No service provider shall offer or charge discriminatory tariffs for data services on the basis of content”.

The move will be a big blow to Facebook’s highly-controversial ‘Free Basics’ platform and Airtel’s zero-rated platform ‘Airtel Zero’.

TRAI provided for a penalty of Rs 50,000 for each day on service providers if they flout the order. This penalty would be subject to a maximum of Rs 50 lakh. The regulator further said that “no service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person who has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content”.

However, an exemption has been made for emergency services, or at times of public emergency. The regulator also said: “Differential tariffs being offered for data transmitted over closed electronic communications networks, such as intranets are not prohibited by these regulations”.

TRAI said keeping in view India’s large number of Internet users and content producers, both of which are rising, the authority has taken a view that prohibition of discriminatory tariff for data services is necessary to ensure that service providers continue to fulfil their obligations in keeping the Internet open and non-discriminatory.

What is Net neutrality?

Net neutrality means an Internet that protects free speech. It means that ISPs should provide us with open networks and should not block or discriminate against any applications or content that ride over those networks. Just as your phone company shouldn't decide who you can call and what you say on that call, your ISP shouldn't be concerned with the content you view or post online.