In a big boost for free and open internet access, the Telecom Regulatory Authority of India (TRAI) on Tuesday released its recommendations upholding principles of net neutrality. The telecom regulator, in its recommendations, has restricted internet service providers from entering into any "agreement, arrangement or contract" with any person or entity for providing preferential treatment to any content.
Defining the word content, the TRAI said it would include "all content, applications, services and any other data, including end-point information, that can be accessed or transmitted over the internet". It stated that it is not in favour of any practices including blocking, degrading, slowing down or granting preferential speeds or treatments.
The TRAI recommendations come in the wake of a global debate on net neutrality following the US Federal Communications chairman Ajit Pai’s move to roll back the country's net neutrality rules adopted in 2015 under the Obama administration.
Net neutrality is the basic principle that ensures equal and open access to online content. It ensures that the internet service providers (ISPs) do not speed up, slow down or block any content, applications or websites available on the internet. It also ensures that the user is in the driver's seat while viewing or accessing content that she/he wants.
In a nutshell, TRAI recommendations preserve right of internet users to access free and open internet without any preferential treatment for any services.
The proposals target internet access services or those services that are generally available to the public. However, the TRAI has kept “specialised services” out of the purview of the recommendations, leaving it to the Department of Telecommunications to define "specialised services".
In addition, the telecom regulator’s recommendations noted that internet of things (IoT), as a service, is not exempted from the scope of non-discriminatory treatment. However, it states that IoT services which do not act as a replacement for internet access, such as automated cars may be exempted, but by the DoT.
Instructing the telecom service providers (TSPs) to declare their traffic management practices, the TRAI suggested establishing a multi-stakeholder body for monitoring and investigating violations.
In effect, the Department of Telecom, which had instructed TRAI to recommend the proposals, will have to make necessary changes to make net neutrality principles a part of the license agreements of telecom operators.
The TRAI has recommended reasonable practices in traffic management, where discrimination based on emergency services, execution of a court order or government direction, preservation of security of the network and equipment and to pursue an international treaty are allowed.
Today's recommendations are a result of the pre-consultation paper issued by the TRAI in May, 2016, which was followed by a detailed consultation paper in January this year.
