- Prelims: Governance, digital India, Draft Indian Telecommunication Bill, 2022 etc
- Mains GS Paper III: Digital India, cybercrime, Important aspects of governance(e governance, accountability)etc
ARTICLE HIGHLIGHTS
- The Telecom Regulatory Authority of India (TRAI) invited a comprehensive consultation on the need and possible mechanisms for regulation of Over-The-Top (OTT) services.
INSIGHTS ON THE ISSUE
Context
Over-the-top (OTT) communication services:
- It refers to services that provide real time person-to-person telecommunication services.
- Some popular examples include:
- Messaging platforms like Whatsapp, Telegram, Signal, Messenger, Duo, Google Meet etc.
Issues related to OTT:
- Reductionist approach: OTT services can only be accessed through telco-controlled infrastructure.
- Introduction of OTT communication services under the ambit of telecommunication services is a reductionist approach.
What are the Challenges?
- Streaming platforms are free riders, benefiting from the infrastructure built and maintained by the telecom companies.
- It sets a dangerous precedent that undermines the principle of net neutrality.
- Telecom companies do not own the Internet; rather, they provide access to it.
- Consumers pay the telcos for access services by purchasing data plans.
- By offering services that consumers desire, OTT platforms generate demand for Internet access.
- Telecom companies capitalize on this demand (and the availability of OTT content) by providing connectivity to the Internet and charging subscribers for it.
- Telecom companies are at liberty to increase their prices,
- Any attempt to seek cross-subsidies instead of fully accounting for the costs could warrant scrutiny from the Competition Commission.
- If OTT platforms were to acquiesce to the demands of the telcos, the incurred costs would trickle down to subscribers
- either through increased subscription fees or degraded service quality for those platforms unwilling or unable to pay the toll.
- This outcome can only be detrimental to consumers who have come to rely on OTT services for entertainment, education, and professional pursuits.
OTT services:
- They compete in their own market on the basis of:
- variety and quality of content
- the quality of streaming (such as, support for HD or better resolution or 5.1 surround sound)
- ease in navigation
- discovery of content
- Its availability on multiple devices.
- The consumers pay the price for these benefits as compared to the alternatives.
- In the marketplace for Internet access, the consumers are free to choose the provider that offers them the highest bandwidth, data volume, and reliability at an affordable price.
Net neutrality:
- It is the principle that Internet access providers must treat all traffic originating from and terminating to the Internet in the same way.
- Columbia Law School professor Tim Wu coined the term “net neutrality” in a 2003 paper titled “Network Neutrality, Broadband Discrimination.”
- Net neutrality promote an even playing field on the Internet, ensuring that all data is treated equally without discrimination by Internet service providers (ISPs).
- Net neutrality draws from earlier notions and principles concerning common carriage
- It posit that service to all customers must be provided on a non-discriminatory basis.
- The application of these principles to the modern Internet, with its unique technical and economic characteristics, required fresh legal and policy analysis, which Wu and others provided.
Basis of TRAI regulation:
● Net neutrality formed the basis of TRAI’s regulation on prohibition of discriminatory tariffs for data services in 2016.
● The regulator’s action forced the withdrawal of Facebook’s Free Basics platform and some other offerings in India.
● In 2017, TRAI released its comprehensive recommendations, which have largely guided the adoption of this principle in India.
● The Body of European Regulators for Electronic Communications (BEREC) and TRAI adopted a Joint Statement for an Open Internet
● The two organizations agreed through this memorandum of understanding to cooperate in developing technological and policy initiatives for net neutrality.
● Many other countries have also adopted net neutrality, thereafter.
Way Forward
- It is imperative for all stakeholders, including policymakers, to recognise the long-term ramifications of acquiescing to the short-sighted demands of telecom companies.
- Upholding the principles of net neutrality is not merely about preserving the ethos of an open Internet.
- It is intrinsic to fostering a conducive environment for innovation, competition, and consumer welfare, especially countries such as India where the Internet is going to be the carrier of all Digital Public Infrastructure (DPI).
QUESTION FOR PRACTICE
Discuss different types of Cyber crimes and measures required to be taken to fight the menace.(UPSC 2020) (200 WORDS, 10 MARKS)
