The Principle of Net Neutrality or Internet Neutrality means Internet Service Providers (ISPs) have equal treatment of all data over the Internet. The term was created in 2003 by Columbia University media law professor Tim Wu as an extension of the established notion of a common carrier.
On the basis of this principle, the Governments and ISPs should equally treat every data transmitted over the Internet, without offering priority delivery or differential charges on the basis of the type of user (Business or Domestic), content (voice or video or data), platform, application, type of attached equipment or mode of communication.
Present Debate Surrounding Net Neutrality in India
Besides the intended policy shift by the TRAI, there are many developments in the telecom market that led to a rise in nationwide debate over the compliance of the principle.
In December 2014, India’s major telecom giant Bharati Airtel decided to charge subscribers additional amount for using social networking applications like Skype and Viber which brought severe criticism, making the company rethink and put a stay on the implementation. The company put forth its argument that by providing communication services, these applications are eating away the revenues of the company.
In February 2015, Reliance Communications made an offer of few selected websites and applications free of cost for its customers in partnership with the internet.org of social networking giant Facebook.
On 6 April 2015, Airtel Zero programme was launched, according to which the Airtel subscribers can have an access to some specific websites and applications, which have got registered with the company, free of cost.
The above incidents show the intent of the ISPs in the direction of building new partnerships with content providers which is contrary to the principle of Net Neutrality
Arguments Put Forth in Favour of Net Neutrality Principle
The most important benefit from the principle is that it has provided a level playing field by providing access of the Internet to the content providers if they are Internet monopolies such as Google and Facebook or new set-ups in the neighbourhood.
Any concession by the ISPs in abiding by the principle is nothing but an wrong business practice, as recently viewed by the Chairman of the Competition Commission of India (CCI), as it leads to preferential treatment of select websites and applications.
The argument such as this that social networking sites are eating into the revenues of telecoms seems completely absurd as the revenue foregone as approximated by the telecoms is fictional and not based on factual evidence.
The principle’s violation will cause an adverse effect on the start-ups as the Internet giants with excess funds can make a payment of higher fees to ISPs with a purpose to push their data on the Internet on a preference basis.
To sum up, the exponents of the principle view that principle is very significant in protecting the openness of Internet.
Arguments that Are Put Forth against the Net Neutrality Principle
ISPs do have some arguments that it costs them billions of dollars to buy spectrum from the government, construct Optic Fiber Cable (OFC) networks along with other required infrastructure. Hence, as an authorised supplier of the Internet services, just like the logistics service provider in the physical world, they should be given power to impose differential chargers on content providers and consumers based on their demands so as to access the Internet on a priority basis.
The ISPs also have another argument that, the above measure is in the interest of public as it acts as an incentive for them to expand and bolster their networks, which in turn gives an assurance of much desired last mile network access in the country.
The telecoms are also of the view that neutrality of social networking sites is not maintainable and an immediate need of the hour is to create a revenue sharing relationship because these applications are making huge revenue by making use of the infrastructure provided by them.
Some cyber experts are of the opinion that the present practices keep the consumers away from making the choice of availing priority delivery of the desired content. So, they end up paying additional money for faster bandwidth which delivers the irrelevant and desirable content at the same speed.
Argument is also put forth that the principle is not favourable to the rise of startups because of the inability of the market to operationalise innovative revenue models based on faster delivery of content.
In sum, those who oppose the principle argue that in an attempt to maintain equitable access to the Internet, the regulators have so far chosen the method that makes the internet equitably slow and expensive for everyone which is visible from high data charges and low bandwidth in the country
Is There Any Mid-Ground for Its Solution?
Instead of relooking the very basic principle of Net Neutrality that has arisen due to proliferation of few monopolies such as Facebook and WhatsApp, the TRAI can make an effort to address the problem of revenue foregone directly by putting regulating mechanisms on the interconnection rates between external networks and Indian networks (since most of the monopolies operate from external networks) or by referring the matter to the CCI.
Global Dimension
In February 2015, the Federal Communications Commission of USA made a classification of Internet Services as public utility services which refers to the ISPs not authorised to make violations of the Net Neutrality principle.
Europe is making all efforts to correct a 2013 proposal for Net neutrality, in which privileged access was permitted to specialised services.
In 2014, Chile put a ban on zero-rated schemes, similar to Airtel Zero Programme, under which social media access is given free of cost to telecom subscribers.
Conclusion
Since our country is having the problem of digital divide between rural and urban areas in the form of lower penetration of internet in rural areas as compared to that of urban areas, it is essential that regulator come forward to keep the openness of the Internet intact and fulfil its responsibility so as to achieve the goals of Digital India programme.