Net neutrality: Not a simple matter in the age of apps

In a country with almost 300 million internet users, 83% of whom access the net through a mobile phone, net neutrality is an important issue for a host of stakeholders, including internet service providers, most of which are telecom service providers (TSPs), over-the-top service providers (OTTs), app developers and e-commerce companies graduating to m-commerce, as well as the users.

While internet freedom and openness is sacrosanct and there is no denying that the internet should provide equal access to all content on the web without any interference, there is also a need to maintain a level competitive playing field among all categories of stakeholders without unduly jeopardizing anyone’s interests.

What does neutrality mean?

Neutral net has generally been construed to mean a non-discriminatory net for both the content providers and content users where the network carrier merely acts as a dumb pipe for the purposes of content dissemination and the network operator cannot interfere with the internet traffic in any manner whatsoever. Thus a TSP is obligated to provide uniform access to internet-based calling or messaging applications such as Viber, WhatsApp, etc. Considering that most of these applications may be in direct competition with the services provided by the TSP, ensuring and enforcing neutrality becomes a difficult ballgame and the extent of the principle of net neutrality must be circumscribed.

The scope and extent of what constitutes net neutrality has assumed significance in the aftermath of the criticism meted out to Airtel, India’s leading mobile service provider, for launching Airtel Zero, a toll-free platform that provides Airtel users free access to mobile applications that choose to join the platform. This means that if Airtel users access an app that has joined the platform, then they don’t have to pay the data charges as these would be paid by the application provider.

Prima facie, the scheme is not discriminatory as the users are not required to pay anything extra for accessing applications that have not joined the plan but get free access to applications that have. Further, the scheme does not involve creating a so-called “fast lane” for the applications that subscribe to the scheme. Does this violate the spirit of a free and open internet or is it simply a revenue maximizing business model as claimed by Airtel?

Manisha Singh Nair is a founding partner of LexOrbis, where Priya Anuragini is an associate.