The essential guideline of Net Neutrality is that Internet service providers (ISPs) should authorize access to all content and applications regardless of the source, and without blocking or preferring particular product/s or website/s.

In simple terms Net Neutrality is Equal for all. It forestalls service providers (like Airtel, or Idea) from directing the kinds of content you're able to access online. That implies they shouldn't have the option to slide some Data/ information into "fast tracks" while blocking or in any case discriminating against other material on the internet. In simple words, these organizations shouldn't have the option to block you from accessing a service like , Zoom, webex, etc. or deliberately slow down a service like Netflix, Amazon Prime or Hotstar, in order to encourage you to keep your internet package or buy a different video-streaming service. 1The term net neutrality was coined by Columbia University media law professor Tim Wu in 2003. Accordingly Net Neutrality means when a customer pays an internet service provider or ISP for a data plan, he/she should be able to access all content online – news, social media, videos, games etc – at the same broadband speed which he had opted for.

Internet Service Providers (ISPs): Internet service providers (ISPs) are companies that provides internet access to

1 https://www.jagranjosh.com/general-knowledge/what-is-the-meaning-of-net-neutrality-1527067789-1

clients. Providers such as Airtel, Reliance (Jio), BSNL, Idea, Vodafone etc. connect clients to clients of other service providers by way of networks.

Internet Service Providers (ISPs) treating data on the Internet unequally:

Generally, ISPs should charge its clients based on the data consumed or on a subscription basis (weekly/ monthly/ annually) plans. But if they charge you based on the websites you visit then that amounts to treating of data unequally on the internet.

Illustration of Negative Net Neutrality:

2Telecom companies can offer favorable terms only if the content is exclusive to their network (like Jio music). Let’s take an example here: Reliance's Jio bought music and audio streaming service Saavn. Now if Saavn is available on all networks, then Jio cannot provide it cheaper or faster.

Another interesting example is in United States, AT&T has acquired Time Warner, which enables the subscribers of AT&T’s telecom and data connectivity to more often watch ‘Batman’ and ‘Superman’, which belong to Time Warner properties, than that of ‘The Lion King’ and ‘Iron Man’, which belong to Disney and Marvel.

Net Neutrality in India:

Mechanisms for establishing rules ensuring Net Neutrality in India, are at present mainly enforced by the(TRAI). At present, there are no constitutional provisions for establishing Net Neutrality by any legislative or judicial body.

2https://www.cnbctv18.com/telecom/explainer-how-net-neutrality-will-impact-telecom-companies-295871.htm

3In December 2015, social media giant, launched ‘Free Basics’, while Indian telecom giant Airtel launched ‘’. Both ‘Free Basics’ and ‘Airtel Zero’ let users access particular apps and websites for free (they were just charged for the data used). However, both the companies decided to charge or subsidize other companies that wanted to be a part of the ‘Free Basics’ or ‘Airtel Zero’ program. Facebook and Airtel’s arguments were that they were trying to make the internet more accessible to people, especially the ones that could not afford high data charges.

In 2016, TRAI banned both the projects as it went against the very principles of net neutrality since the companies could inevitably favor some content over the other.

4Recently, Vodafone and Idea moved the Telecom Disputes Settlement and Appellate Tribunal against the Telecom Regulatory Authority of India’s directive blocking its RedX plan, which offers higher speed to its premium customers.

The basic prayer of Vodafone before the TDSAT is that the concerned tariff plan was filed with TRAI in November 2019 and further modifications to it were once again duly filed in May 2020. In that sense, it has been in the market for around eight months now and the regulator never raised any objection to it. Suddenly, upon receiving some complaint, the TRAI asked the company to block the plan and explain within seven days how it did not affect quality of services of lower denomination plans.

As reported, TRAI’s action has started a fresh debate on the meaning and scope of net neutrality. The issue is whether the operators can provide higher speed to its premium customers who opt for higher tariff plans without lowering the speed of

3 https://www.drishtiias.com/daily-updates/daily-news-analysis/government-approves-net-neutrality-in-india 4 https://www.financialexpress.com/industry/net-neutrality-vodafone-idea-drags-trai-to-tribunal/2022976/

other lower denomination plans. The operators feel that offering higher speed, which means premium services to premium customers without blocking any sites or lowering the speed of customers in lower denomination plans does not constitute violation of net neutrality. Since TRAI has decided to block the plans, means it feels otherwise.

The TRAI had ruled for Net Neutrality thus banning Facebook’s Free Basics and Airtel Zero in India. Now what (TRAI) should ensure is that, a firewall is put in the deal to provide a level playing field to every technology firm in India.