US Appeals Court rules against Net Neutrality

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Recently, a US Court of Appeals ruled against the Federal Communication Commission’s (US’s Telecom Regulator) attempt to enforce Net Neutrality. This shows divergent approaches towards Net Neutrality in the US and India.

Net Neutrality represents an idea that a maximally useful public information network should treat all content, sites and platforms equally.
- i.e., there should be no discrimination by Internet Service Providers (ISPs) in internet traffic based on service, application, sender, or recipient.

Debate surrounding Net Neutrality

Arguments for

Arguments against

User rights: Fundamental right to freedom of expression and non-discriminatory access to the internet.
Privacy: Without net neutrality, ISPs can examine and manipulate internet traffic, potentially compromising user privacy.
Innovation and entrepreneurship: Net Neutrality can ensure level-playing field for start-ups vis-à-vis deep-pocket tech-giants.

Loss of revenue for ISPs: Adverse impact on investment in fibre-based infrastructure and new access technologies.
Loss of level-playing field: Telecom Providers have to incur higher costs and comply with other regulatory norms for similar services like Voice.
Need of selective banning of OTT Apps: Instead of complete internet shutdown, certain OTT Apps providing communication services can be selectively banned in disturbed areas, to prevent disruption of critical services such as education and health.

Net Neutrality Framework in India

In 2018, Department of Telecommunication (DoT) notified Regulatory Framework on Net Neutrality.
- It incorporated principles of non-discriminatory treatment of content by Internet Access Services.
- However, it allows certain exceptions from non-discrimination rules for Content Delivery Networks (CDNs), IoT and Specialized Services, etc.