Comparative Analysis Of The Issue Of Net Neutrality From The Legal Lens Of India

Prasidha Marakani, School of Law, CHRIST (Deemed to be University)

ABSTRACT

In the growing and dynamic world of digitalisation, the internet has emerged as a key medium through which parties support information exchange. These parties are subject to a concept of Net Neutrality, which is a way for individuals to communicate information to the public in free form. It means a service provider must be allowed to provide all content and applications to the public without favouring one. Due to the issue of Net Neutrality, Internet Service Providers (ISPs) will be able to charge companies such as Netflix or YouTube a higher rate to make their content accessible in relation to the other providers. ISPs can designate slow and fast Internet lanes, preventing simultaneous access to all websites at the same speed and allowing it only for a fee. As the internet becomes increasingly integrated into daily life, preserving net neutrality becomes crucial to ensure equal access and promote healthy competition in the digital space. In India, navigating the legal landscape of net neutrality presents complex challenges. In 2021, the IT Rules of 2021 were introduced. These regulations required Internet intermediaries to delete offensive content within 36 hours of receiving a complaint. However, the wording is ambiguous and open to different interpretations.

The lack of a strong foundation gave rise to Privacy concerns that arise as ISPs may access users' sensitive data, leading to debates on data protection and surveillance. ‘Zero-rating’ plans by ISPs raise anti-competitive issues by favouring specific content, potentially stifling innovation and market diversity. Countries around the world face similar challenges and opportunities. The abstract dwells on the international aspect of Net Neutrality and examines the provisions of developed countries such as the United States of America and Europe. In conclusion, this abstract highlights the vital importance of addressing net neutrality within India's legal framework while acknowledging its international impact.

Keywords: Net Neutrality, IT Rules 2021, Zero-rating, Internet Service Providers.