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This is an archive article published on February 9, 2016

Net Neutrality win: How TRAI countered Facebook Free Basics push

TRAI order upholds the net neutrality principle, and ends the debate on whether services like Facebook's Free Basics and Airtel's Zero Rating are legal.

TRAI order, TRAI Bans free Basics, TRAI Free Basics, Facebook, Facebook Free Basics, Free Basics vs TRAI, Net Neutrality in India, TRAI Net Neutrality order, TRAI, SavetheInternet.in TRAI’s new Net Neutrality order has effectively ended differential data pricing, and thus banned Free Basics by Facebook.

The Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016, prohibits any service provider from offering or charging discriminatory tariffs for data services on the basis of content. This TRAI order upholds the net neutrality principle that all packets of data should be treated impartially, and ends the debate on whether services like Facebook’s Free Basics and Airtel’s Zero Rating are legal.

So any free or discounted access is deemed as resulting in a “classification of subscribers on basis on content” and disadvantageous to small content creators.

There are two instances where the regulator seems to be taking on Facebook’s arguments pushing Free Basics as a service that will get people, who can’t afford data to access the Internet.

Firstly, it says “allowing service providers to define the nature of access would be equivalent of letting TSPs shape the users internet experience” and this can “prove to be risky in the medium to long term as the knowledge and outlook of those users would be shaped only by the information made available through those select offerings”.

Secondly, it questions how the same users who could not afford data “will be in a position to migrate to the open internet if they do not have the resources to do so in the first place”.

While Facebook has been in focus over differential pricing even though the reach of Free Basics in India is insignificant at the moment, what will have more impact for telcos and consumers is the part that says it needs to examine claims that volume-based discounts on popular applications through content -specific data packs could enhance user choice through the freedom to choose suitable data services.

It says Internet access is not a ‘search good’ but an ‘experience good’ that will be understood only after being used. So data packs that offer unlimited access to a certain type of app or service, like Whatsapp or Facebook, for a small fee will also become illegal.

Read the full order below

Regulation Data Service by The Indian Express

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Nandagopal Rajan writes on technology, gadgets and everything related. He has worked with the India Today Group and Hindustan Times. He is an alumnus of Calicut University and Indian Institute of Mass Communication, Dhenkanal. ... Read More

 

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