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Net Neutrality in India-Need of the Hour International Journal of Mechanical Engineering and Technology (IJMET) Volume 10, Issue 11, November 2019, pp. 155-159, Article ID: IJMET_10_11_013 Available online at http://iaeme.com/Home/issue/IJMET?Volume=10&Issue=11 ISSN Print: 0976-6340 and ISSN Online: 0976-6359 © IAEME Publication NET NEUTRALITY IN INDIA-NEED OF THE HOUR D.S. Selvakumar Vellore Institute of Technology, India ABSTRACT It is because of one of the service providers Airtel, net neutrality in India was given importance space since it announced extra charges for voice calls through its network. In India, there are no laws which regulate and administer net neutrality. It is almost momentum gathered to have separate laws for treating all the internet service providers and users equally with regard to the content, application, electronic equipment and the ways and means of communication. Keywords: Netneutrality, FCC, TRAI, Telecom operators, IT Act 2000 Cite this Article: D.S. Selvakumar, Net Neutrality in India-Need of the Hour. International Journal of Mechanical Engineering and Technology 10(11), 2019, pp. 155-159. http://iaeme.com/Home/issue/IJMET?Volume=10&Issue=11 1. INTRODUCTION Net neutrality is the principle that internet providers treat all web traffic equally. This means that the companies which provides their services over the internet like Amazon, Facebook etc., can‟t favour their own services over other competitors. The current situation has no rules blocking web sites, services and their content online, no rules slowing down of websites and services online, no rules for internet services providers which give priority treatment. Internet services providers like Comcast, Verizon etc., are prevented from favouring some web sites and applications over others by Net neutrality. This is a fundamental principle in the governance and structure of internet. 2. LITERATUE REVIEW Singer, Hal J. and Litan, Robert E. (2007). “Unintended Consequences of Net Neutrality Regulation.” In the Journal on Telecommunications and High Technology Law. Retrieved November 14, 2010. The authors examined the particulars about non-discrimination requirements and conclude that the service providers must take into account of the cost and benefits of low prices, huge consumer choices, new technology and innovations. Jordan, Scott. (2009). “Implications of Internet Architecture upon Net Neutrality.” In the ACM Transactions on Internet Technology, 9(2), 5:1-5:28. Retrieved November 14, 2010. He develops a new net neutrality policy which restricts ISPs ability to engage in anti-competitive behaviour. http://iaeme.com/Home/journal/IJMET 155 [email protected] D.S. Selvakumar Anderson, Steve. (2009). “Net Neutrality: The View from Canada.” In Media Development, 56(1), 8-11. Retrieved November 27, 2010, from Communication & Mass Media Complete database. He represents a net neutrality as a design in online innovation and communication to maintain a level playing field. He also provides a foundational basis for the current principles of net neutrality by introducing past telecommunication policy rules called „Common Carriage‟. 3. OBJECTIVE The main objective of the study is to bring out the importance of net neutrality and framing of law which should be passed to govern the net neutrality in India. 4. RESEARCH METHODOLOGY Only secondary data has been taken into account for this study. 5. IMPORTANCE OF NET NEUTRALITY Figure.1.Content Blocking (Source:https://www.internetsociety.org/resources/doc/2017/internet-content-blocking/) Abandonment of net neutrality will give free control for the Internet Service Providers. The Internet Service Providers can block the content / websites or even charge the customers for particular access. The diagram above depicts where the main blocking can occur. Certain IPs can be blocked by ISPs can discourage users from using a service by showing that the site or application is unreliable and encourage the use of alternative sources. They can also block based on specific content, patterns or application types. The ISPs can also block based on URL which is a popular method both on User‟s computer or the ISP. The URL filter will be installed at the specific router belonging to ISPs and they will decide whether to forward the packet or not. ISPs may also have specialised DNS resolver which checks the input against its block list when resolving DNS look-ups and might return incorrect information. http://iaeme.com/Home/journal/IJMET 156 [email protected] Net Neutrality in India-Need of the Hour 6. ARGUMENTS FOR NET NEUTRALITY IN INDIA 6.1. Treats Players in Equally Net neutrality in internet service providers treats all players equally. There are controls to block illegal activities and the company cannot change customer‟s data. 6.2. Service Providers has Utility Providers Service providers play an important role in our day to day life. Internet is used for essential services in our day to day life styles such as Water or Sewer access. 6.3. Availability of Freedom of Expression Net neutrality provides everyone who involves in internet by way of giving access or providing access freely and thus there is freedom of expression. 6.4. Monitoring Illegal Activities is Possible Optimal use of internet is possible to each and every person which is the goal of net neutrality. Illegal activities like illegal file sharing etc., are prevented because each ISP would be treated as a regulator. 6.5. It Protects New Technology and Innovation New technology and innovations are protected with net neutrality. Even though companies made big money already due to internet, because of net neutrality they have to start from scratch. 7. ARGUMENTS AGAINST NET NEUTRALITY IN INDIA 7.1. May Affect Free Internet Access For many companies who are in internet services, their main objective is profitability. Because of net neutrality, free internet access will be affected. The service providers started charging discriminately which will led to demographic, socio and economic discrimination. 7.2. Problems for Public Utilities Everyone has to pay more for the same service without any innovation. The consumer base is coming down since there is price discrimination. 7.3. Insufficient Compensation for Data Consumed There are illegal streaming services in the internet unlike companies like Netflix, Twitch who provide legal streaming services. These services use the infrastructure of the internet service provider at no charge. 7.4. Limits Improvement in Infrastructure The Consumer who use large bandwidth in a regular basis will be affected if net neutrality was removed. This will reduce income for the ISP and hence up gradation of their infrastructure will be limited. 7.5 There are Chances of Favouritism Internet service providers will give priorities to the streaming services depending upon the competition and this will affect the choice of consumers. http://iaeme.com/Home/journal/IJMET 157 [email protected] D.S. Selvakumar 8. ROLE OF FEDERAL COMMUNICATIONS COMMISION (FCC) The Roles of FCC are: To promote new investment and new technology in internet services. To provide a right platform to review the revolution in communications. To encourage the fair use of the spectrum inside and outside India. To revise the regulations, related to Media which leads to technology advancement. To strengthen the defence of the communications infrastructure in a nation by providing leadership. 9. TRAI RULES There should not be any discrimination with regard to internet charges. The service providers should not enter into any kind of offer and acceptance and or any contract. The Internet Service Provider should not enter into any arrangement, agreement or contract with any company or person that affects the discriminatory tariffs for data services offered by the same. Permission of reducing tariffs for providing or accessing emergency services at the time of public emergency. Fixing damages for action against the law, treaty or any other ruling. TRAI can review the regulations after a span of two years. 10. EXPECTATATIONS OF THE COMPANIES Though the initial effects of users would be invisible, ISPs could rather provide certain prime deals to heavy users of bandwidth. For example, YouTube is heavily consumed by the users all over the world, with more bandwidth, they can even send data of Ultra HD videos. A single application like YouTube will consume large amounts of traffic that‟s equal to millions of web pages and the ISPs are expected to manage that traffic. 11. LAW RELATED TO NET NEUTRALITY IN INDIA Violations of net neutrality have been common in India. A total of 134 reports has been registered by different cities across India over a two-week reporting period. Reported were primarily from Mobile Users contributing about 64% of the total reports. Approximately 85% complained were with Reliance Jio and Airtel. There are no laws hither to net neutrality in India, therefore a new provision can be enacted either in Telecom Regulatory Authority of India (TRAI) Rules or in Information Technology Act 2000. The violators of this section should be heavily punished along with the cancelation of the licenses. 12. CONCLUSION Whether net neutrality should be continued or not is a question which should be debated carefully based on points in favour and against the net neutrality. It has an impact on cost and access, slowing the consumer base and the increase in compensation. Everyone has to pay more for the same service which has no improvement over advancement in technology and innovation. The debate on net neutrality has no end as there are many appeals and re-appeals over the decision of FCC in federal court. But most of the verdict favour net neutrality http://iaeme.com/Home/journal/IJMET 158 [email protected] Net Neutrality in India-Need of the Hour repeals but it depends upon the states which form their own rules and regulations. Enacting a new provision either in TRAI or in IT Act 2000 for net neutrality is the need of the hour.
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