internet india regulations
Net neutrality in India
<p>I'm confused about laws regarding net neutrality in India. However I found some information on Wikipedia article on <a href="https://en.m.wikipedia.org/wiki/Net_neutrality_in_India" rel="nofollow noreferrer">Net neutrality in India</a></p>
<p>Few excerpts from this article —</p>
<blockquote>
<p><em>At present, there are no specific legislation regarding Net Neutrality in India.</em></p>
</blockquote>
<blockquote>
<p><em>On 12 July 2018, The Department of Telecommunications made rules, approving the recommendations from TRAI, which heavily favoured net neutrality in India.</em></p>
</blockquote>
<blockquote>
<p><em>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.</em></p>
</blockquote>
<h3>Questions</h3>
<ul>
<li>Under which legislation these rules are framed?</li>
<li>How government(s) monitor ISPs if they're following net neutrality?</li>
</ul>

<p><a href="https://cyberbrics.info/net-neutrality-in-india-from-rules-to-enforcement/" rel="nofollow noreferrer">Try decides it for India</a></p>
<blockquote>
<p>......
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,
.........</p>
</blockquote>
<blockquote>
<p>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.</p>
<p>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.</p>
</blockquote>
<p><a href="https://internetfreedom.in/what-the-block-our-net-neutrality-rules-require-a-monitoring-and-enforcement-structure/" rel="nofollow noreferrer">IFF enforecement structure</a></p>
<blockquote>
<p>......................................................................
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.
....................................</p>
</blockquote>
<p><strong>Is it a violation, you ask?</strong></p>
<blockquote>
<p>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.</p>
</blockquote>
<p>so clearly DOT, TRAI and IFF deal with net neutrality.</p>
