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I'm confused about laws regarding net neutrality in India. However I found some information on Wikipedia article on Net neutrality in India

Few excerpts from this article —

At present, there are no specific legislation regarding Net Neutrality in India.

On 12 July 2018, The Department of Telecommunications made rules, approving the recommendations from TRAI, which heavily favoured net neutrality in India.

Since 12 July 2018 Net Neutrality has been in effect in India. These rules ban any form of data discrimination. ISPs which violate these rules can have their licenses cancelled.

Questions

  • Under which legislation these rules are framed?
  • How government(s) monitor ISPs if they're following net neutrality?

1 Answer 1

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Try decides it for India

...... However, Section 11(b)(i) of the TRAI Act, 1997 makes it clear that one of the functions of TRAI is to “ensure compliance of terms and conditions of license”. In addition, TRAI also has the powers, under Section 12 and 13 of the TRAI Act, .........

Unlike the tariff regulation of 2016, which TRAI itself is responsible for enforcing, the broader net neutrality framework was brought about through amendments to the licences agreements that are entered into between the Government and each ISP. Accordingly, the Department of Telecommunications (DoT), as the executor of these agreements, declared that it would be the one responsible for monitoring and enforcement. However, Section 11(b)(i) of the TRAI Act, 1997 makes it clear that one of the functions of TRAI is to “ensure compliance of terms and conditions of license”. In addition, TRAI also has the powers, under Section 12 and 13 of the TRAI Act, to call for any information or explanation from service providers and issue directions to them.

This illustrates India’s complex regulatory structure in the telecommunications sector, with a division of responsibilities between DoT and TRAI. While DoT’s intention appears to be to reserve the monitoring of net neutrality violations for itself, this cannot override TRAI’s statutory functions. Accordingly, the position that emerges is that TRAI is also responsible for monitoring quality of service and traffic management practices (TMPs), in addition to putting in place appropriate disclosure and transparency norms. The law, however, does not empower it to impose penalties for violation of the licence conditions. Any enforcement action against an observed net neutrality violation can therefore be implemented only by DoT.

IFF enforecement structure

...................................................................... Updated Summary Over the month, the number of reports provided to us has seen a considerable increase now standing at a total of 171 responses of blocking, beginning January, 2019 to March 8, 2019. A large portion of our findings are mobile internet users at 62.9% while 29.3% are wired connections, graphically represented below as well. Reports show that blockings conducted by Hathway have begun more recently over the past month and a half restricting access to Proxy Services, Virtual Private Networks and majorly the Telegram website. Over the past few days, there have been increasing complaints against Jio for the blocking of Reddit in cities ranging from Bangalore, Chennai, to Pune and Noida. ....................................

Is it a violation, you ask?

This blocking trend has raised significant concerns regarding its impact on net neutrality. The fundamental aspect in maintaining net neutrality is the equal treatment of all data with no restriction on the access choices of the user. The Department of Telecommunication in the amendments it carried out, aim to ensure this. Ideally, this created a prohibition on internet service providers from either speeding up, slowing down, restricting choice, bandwidth and the ability to access anything on the Internet.

so clearly DOT, TRAI and IFF deal with net neutrality.

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