Net Neutrality in India

Miti shah

Miti shah

Software Developer - IT

3 minute read

What is Net Neutrality?

'Net-Neutrality' is described as the treatment of internet traffic by intermediate networks with non-discrimination on any merit. The term 'net neutrality' was popularized by Tim Wu, professor at Columbia Law School, in his 2003 paper titled "Network Neutrality, Broadband Discrimination."

Net neutrality is an idea that emanates from how telephone lines have worked since the beginning of the 20th century. In the case of a telephone line, you could dial any number and connect to it. It wouldn't matter if you call operator A to operator B or any restaurant or drug dealer. The operators do not bar access to the numbers nor cause intentional delay in connection to the specific number unless compelled by the law. Most countries have rules that ask the Telecom operators to provide an unfiltered and unrestricted phone service. However, when the Internet took its debut in the 1980s and '90s, there were no specific rules that asked the ISP (Internet Service Provider) to follow some principles.

Since most telecom companies or operators were themselves ISPs, it was assumed that they too would follow the same rules of unrestricted access. This principle of having unrestricted internet access is called Net Neutrality. Network neutrality assures that all data on the internet is treated equally both by internet service providers and governments irrespective of its content, user, platform, application or device. With the help of net neutrality, users have access and transparency of internet content and also access to all internet services and applications. Net Neutrality Principles The principles of Net Neutrality can be defined as:

  • Treat All Internet Data Equally: Internet data must all be treated alike. ISPs should not discriminate in favor of or against particular content, applications, or sites. For example, under net neutrality, should you be streaming a YouTube video, your ISP can't retard access to the Aaj Tak news website and speed up YouTube. Both should load as fast.
  • No Blocking or Throttling: Net neutrality prevents ISPs from blocking or throttling access to specific websites or services; thus, users are free to access their chosen content. For example, it would allow new start-ups, say a video-streaming service, to compete with well-established firms without interference by ISPs while encouraging innovation and diversity online.
  • Paid prioritization: It is the act where an internet service provider gives partial accessibility for some particular content and it would charge a higher fee to do so. So, with the support of net neutrality, we are building equity and overcoming the "digital divide." As an example, in an open net neutrality, your ISP cannot give preference to one particular service over any other or charge additional fees for sites like Netflix, Amazon, and social media to select and access freely.
  • Data Non-Discrimination: With net neutrality, all internet data is treated transparently. In case it disappears, then ISPs might favor data from profit-generating sites, hence leading to biased accessibility. For example, you might have Airtel as your internet service provider and also partnered with Amazon Prime Video. In that case, it might favor and increase the speed for Amazon Prime Video, but reduce the connection to other streaming services like Netflix or Hotstar.

Is there net neutrality in India?

India has net neutrality regulations established by the Telecom Regulatory Authority of India (TRAI) in 2018. These regulations prohibit ISPs from blocking or throttling access to any legal content, disallow paid prioritization or "fast lanes" for specific services, and allow only reasonable traffic management for network efficiency. ISPs must maintain transparency by disclosing their practices and cannot discriminate against content based on its source or ownership. While specialized services are permitted, they should not negatively impact internet access. These regulations aim to protect user rights and promote competition and innovation in India. ISPs must explain their practices transparently and not discriminate content based on its source and ownership. Despite the differentiation of services, they should not prejudice internet access. All the above rules supports consumer's rights protection and competition and innovation in India

Case Study: Netflix vs. Comcast

In 2010, Netflix began quickly growing as a streaming service and suddenly a lot of data was being transmitted through internet service providers in the United States. Comcast, being one of the major ISPs, could not adapt to this sudden growth, and sometimes it leads to buffering and slow speed for Netflix users. It frustrated users often because of long-time buffering and poor stream quality against Netflix, and it was suspected that Comcast somehow was throttling the Netflix streaming service to manage its network congestion. Complaints about the quality of this service, and accusations made against Comcast by Netflix, further drew attention to their practice with regard to the principles of net neutrality.

Although Netflix has not filed legal claims against Comcast, such an event rendered the whole subject matter leading to the net neutrality debate more visible. The 2010 situation of Netflix vs. Comcast again depicts how such a conflict between ISPs and content providers can raise many controversy issues; there will be a requirement for obvious rules in order to safeguard both access of the users and service quality.

Conclusion

Net neutrality can be summarized as the internet remains a level field where all websites play nicely with one another! Ensuring a free and equal share of online content will allow all of us to enjoy the web as a place of creativity, connection, and community. Let's keep the internet friendly and fair for all because a happy internet means a happier world!