Policy

Enforcing Net Neutrality A continuous monitoring challenge

Experts and lawmakers say Net Neutrality or internet democracy is core to the success of Digital and Skill India and the government should ensure that
Enforcing Net Neutrality A continuous monitoring challenge

Presiding over a forum discussion Tarun Vijay, Member of Parliament said that Net Neutrality is core and essential to the government program on Skill Development, Digital India and Make in India. Equating net neutrality to Human Rights of Digital Age, Vijay who is among the most vocal proponents of Free Internet in India said that the government and Indian parliament is committed to Net Neutrality.

He was speaking at a forum discussion organised by The Indian Legal Foundation (TILF) in association with Grandmasters India. The three-day session focused on the various aspects of Net Neutrality. Vijay said, “ Any apprehension on recent DOT recommendation will be debated and government will fight for democracy of Internet.”

As the Department of Telecom (DoT) panel lead by AK Bhargava released its report on Net Neutrality, there still remained concerns among the Free Internet proponents about the enforcement of Principles of Net Neutrality. The DoT panel suggestions on enforcing Net Neutrality included enacting a law, amending Licensing Conditions, creating a DoT monitoring cell and also creating training institutions to monitor Net Neutrality violations. However, all of these seem to be soft approaches for bigger violations that impact Principles of Net Neutrality. Experts pointed out that there seems to be no recommendations on quantum of penalty or punishments in case of deliberate violations on Net Neutrality.

“While we appreciate the overall intent of DoT report, but where does it talk about penalties, like we saw in the recent AT & T case in United States” asked Renu Jha, Chairperson, Government Affairs, TILF- a New Delhi based Think Tank organization. Renu further mentioned, “We need to create a regulatory body with powers to impose fine and punishments. It is a necessary step towards creating and regulating Net Neutrality in India”

While welcoming DoT recommendations, Rajendra Sharma, General Counsel, Samsung said “That there still needs to be a lot of work in creating an appropriate legislation around the governance of Internet in India. We need to incorporate best practices from EU and United States to ensure freedom of Internet in India”.

The event was also marked by number of startups concerned about their growth in case Telcos are allowed to disseminate discriminatory tariffs or bandwidth to users. “Will it not be a classic case of crony capitalism if startup applications are discriminated as they are unable to cuff up extra bug for Telcos” asked Yogesh Kochar, a social media start up for school students in India.

Experts said that the Government’s hypothesis needs to be supported – “Good” regulations are better than “No” regulations at all. We do not want Indian Government or DoT to be silent on this important subject. If they remain silent and do not positively support Net Neutrality, ISPs on a later date can disrupt access to websites that do not pay them or compete with their interests. Indeed, the survival of Internet depends on DoT and Government of India and it’s implementation and enforcement of principles of Net Neutrality.

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