{"id":3922,"date":"2016-02-12T12:15:15","date_gmt":"2016-02-12T16:15:15","guid":{"rendered":"http:\/\/ncjolt.org\/?p=3922"},"modified":"2020-06-04T20:53:03","modified_gmt":"2020-06-04T20:53:03","slug":"no-strings-attached-indian-regulatory-authority-declares-free-facebook-sponsored-mobile-internet-a-violation-of-net-neutrality-principals","status":"publish","type":"post","link":"https:\/\/journals.law.unc.edu\/ncjolt\/blogs\/no-strings-attached-indian-regulatory-authority-declares-free-facebook-sponsored-mobile-internet-a-violation-of-net-neutrality-principals\/","title":{"rendered":"No Strings Attached: Indian Regulatory Authority Declares Free, Facebook- Sponsored Mobile Internet a Violation of Net Neutrality Principles"},"content":{"rendered":"

On Monday, the Telecom Regulatory Authority of India (TRAI) enacted a formal regulation prohibiting the imposition of discriminatory tariffs by data service providers.\u00a0\u00a0 Although the regulations apply to all Indian telecom service providers, the ruling is widely seen as a response to Facebook\u2019s \u201cFree Basics\u201d program.\u00a0 This program allows users in developing countries free access to a small number of sites, which provide basic information relating to news, employment, health and education.\u00a0 Perhaps unsurprisingly, users can also access Facebook. \u00a0Websites are optimized to work well with 2G and 3G cellular data connections, which remain the primary means of internet access in India<\/a>. According to Facebook, the app aims to enrich the lives of its users through free \u2013 albeit limited \u2013 internet access.\u00a0\u00a0 Free Basics facilities a larger project known as Internet.org<\/a>, which is a collaboration between Facebook and seven multi-nation corporations engaged in the production of hardware, software and cellular devices.
\nCritics contend<\/a> that the Free Basics program has less than altruistic motivations. \u00a0The service exercises absolute control over which sites users are allowed to access, thereby placing users in a walled garden. <\/a>\u00a0\u00a0If a large number of users spend most of their time in a walled garden, business will have to interact with their customers primarily through Facebook rather than setting up their own website. \u00a0Critics also contend that by partnering with Facebook, other sites will have to accept Facebook\u2019s terms and conditions.\u00a0 Other more vehement critics have accused the company of participating in \u201ccorporate exploitation masked as philanthropy\u201d.\u00a0 <\/a>
\nFree Basics has faced dedicated opposition from net-neutrality activists as well as India\u2019s technology sector, who fear that by providing free access to Facebook and Facebook approved sites, Free Basics will make their services comparatively unaffordable.\u00a0\u00a0 Mahesh Murthy, venture capitalist and start-up consultant accuses Facebook of hypocrisy<\/a>, writing that if Facebook founder \u201c[Mark] Zuckerburg had been brought up on Internet.org, he couldn\u2019t have ever built a Facebook.\u201d
\nThe TRAI suspended the Free Basics program in December. \u00a0In the wake of this suspension, Facebook launched an aggressive public relations campaign, deploying massive billboards imploring citizens to contact the Authority and voice their support for the Free Basics program.
\nThe Authority\u2019s full decision and reasoning was set forth in a document entitled \u201cProhibition of Discriminatory Tariffs for Data Services Regulations, 2016<\/a>”\u00a0which promulgated rules holding that service providers may not charge tariffs for data services based on the content that the services provide. \u00a0In a thorough explanatory memorandum, the agency wrote that \u201callowing service providers to define the nature of access [through differential pricing for services] would be equivalent to letting TSP\u2019s shape the users\u2019 internet experience.\u201d\u00a0 The TRAI also noted that differential pricing would allow services providers and other commercial entities to subsidize internet access, creating significant barriers to market entrance and harming completion and innovation.
\nThe TRAI also noted that several \u201cstakeholders\u201d submitted comments linking the internet and its role in preserving the right to free speech and expression under Article 19(1)(a) of the Indian constitution.<\/p>\n

Citing precedent by the Indian Supreme court, the Authority wrote that \u201callowing citizens the benefit of [a] plurality of views and a range of opinions is an essential component of the right to free speech.\u00a0 This includes the right to express oneself as well as the right to receive information.\u201d<\/p><\/blockquote>\n

 
\nIn an attached explanatory memorandum, TRAI explained that this decision follows the agencies broad regulatory principles of \u201cnon-discrimination, transparency, non-predatory, non-ambiguous, not anti-competitive and not misleading.\u201d
\nOther companies have also attempted similar operations. \u00a0An Indian start-up called Gigato<\/a> claims that it will act as a facilitator by allowing app developers to \u201csponsor\u201d a certain amount of data usage<\/a> to encourage users to use their particular service.\u00a0 Although the data will be sponsored by a particular app or service, Gigato believes that it will fall within TRAI\u2019s net neutrality guidelines because users are not bound to use the specific data on any one app or service. Others have suggested that the if the Indian government established internet access as a right, tariffs could subsidize internet access for poor and rural citizens.
\nWhile this ruling may be an ideological victory for supporters of net neutrality, it is a connectivity setback for India\u2019s poor.\u00a0 Recent surveys<\/a> assessing a wide variety of quality of life metrics show that despite the fact that 35 percent of Indians are illiterate, and only 15 percent are connected to the internet \u2013approximately 71 percent own a cellular device.<\/p>\n","protected":false},"excerpt":{"rendered":"

On Monday, the Telecom Regulatory Authority of India (TRAI) enacted a formal regulation prohibiting the imposition of discriminatory tariffs by data service providers.\u00a0\u00a0 Although the regulations apply to all Indian telecom service providers, the ruling is widely seen as a response to Facebook\u2019s \u201cFree Basics\u201d program.\u00a0 This program allows users in developing countries free access …<\/a><\/p>\n","protected":false},"author":1,"featured_media":3923,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[51],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3922"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=3922"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3922\/revisions"}],"predecessor-version":[{"id":7239,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3922\/revisions\/7239"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media\/3923"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=3922"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=3922"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=3922"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}