#NetNeutrality: Indian “netizen” association serves DoT “legal notice” to prohibit launch of Zero-Rated plans

The Indian Netizens and Entrepreneurs Welfare Association (INIEWA), claiming to be India’s first “non-profit association of netizens and internet entrepreneurs” has served a “legal notice” to the Department of Telecommunications..The legal notice seeks the complete prohibition of Zero-Rated plans in the country..The notice urges the DoT to crack down on telecom and internet service providers (TSPs) like Airtel and Reliance, who are giving preferential treatment to selective portals, much to the detriment of the consumer. It states,.“…DoT is legally obligated to be aware that the licensing conditions under the licenses issued by DoT itself to TSPs for conducting their business in India itself envisages that net neutrality obligations have to be complied by the TSPs…”.With countless netizens showing their support for net neutrality, this may well be the first attempt to initiate legal proceedings against telecom and internet service providers. Varun Bajaj, Founding President of INIEWA told Bar & Bench that the licensing agreement entered into by the TSP’s obligates them to maintain net neutrality..“Zero-rated plans are not just anti-competitive, but they are also strategically structured to kill the internet entrepreneurs/start-ups in India forever..He adds that,.“The internet economy in India has given a new hope to the middle class to become industry leaders and not merely remain employees, but these TSPs are threatening to take that hope away, even at the stake of compromising India’s national internet interest.”.On being asked why he used this particular strategy to bring the issue to the fore, Bajaj says,.“There were other possible legal options which could be pursued against the individual TSPs launching zero-rated plans in India but we felt that approach against individual TSPs would not solve an industry level issue.”.INIEWA has mentioned in the notice dated May 8 that it the DoT has ten days to take the necessary steps. After the said period, the organisation plans to file a PIL.