TRAI AND APP BAN - SCI & TECH

News: Explained | Is it possible to have partial app bans?

 

What's in the news?

       Last week, the Telecom Regulatory Authority of India (TRAI) sought inputs on whether it would be possible to have “selective” app bans instead of internet shutdowns, in order to reduce the impact that a wholesale communications lockdown can entail.

 

 

Does India have a history of Internet shutdowns?

       Internet shutdowns are imposed in States and districts across India from time to time in order to prevent the rapid spread of provocative content during communally charged periods.

       The Indian government considers Internet shutdowns a legitimate tool of maintaining law and order.

       Shutdowns can be prolonged, with access to education, work, banking, and information strained. As such, the government has sought to stay the course on imposing restrictions but not at the scale of a shutdown.

       In Jammu and Kashmir as well as in Manipur, authorities and courts have gradually loosened long-term restrictions by allowing wired internet connections and limited wireless internet access.

 

How would the TRAI move work?

       The approach suggested by TRAI would require telecom operators and messaging app firms like WhatsApp to cooperate with each other and stop access to services during a shutdown.

       The telecom regulator has sought inputs on licensing messaging apps in India, which may require firms to be subjected to surveillance and blocking requirements.

 

Has the TRAI considered app regulation before?

       In 2015 and 2018, the TRAI had held consultations on regulating messaging apps, a process that led to wide-ranging protections for net neutrality — the concept that all internet traffic should be treated equally.

       Seeking a deterrent against communal misinformation and provocative content spreading online, the Ministry of Electronics and Information Technology added a requirement of ‘traceability’ to the IT Rules, 2021, wherein one can find the original sender of a forwarded message.

       However, civil society groups and tech firms said that such requirements were impossible without breaking end-to-end encryption.

 

Telecom Regulatory Authority of India:

       The Telecom Regulatory Authority of India (TRAI) was established in 1997 under Telecom Regulatory Authority of India Act, 1997, to regulate telecom services, including fixation/revision of tariffs for telecom services.

       The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes functions from TRAI.

       TDSAT was set up to adjudicate any dispute between a licensor and a licensee, between two or more service providers, between a service provider and a group of consumers, and to hear and dispose of appeals against any direction, decision or order of TRAI.

 

Composition:

       The TDSAT consists of a Chairperson and two other members, all to be appointed by the Central Government.

       The selection of members is done by the Central Government in consultation with the Chief Justice of India.

 

Headquarters: New Delhi

 

Organization:

       The TRAI consists of a Chairperson, two whole-time members and two part-time members, all of which are appointed by the Government of India.

 

Tenure:

       Three years or till the age of 65 years, whichever is earlier.

 

Removal of Members:

       The Central Government is empowered to remove any member of the TRAI.

 

Meetings:

       The decisions in the meetings are taken by the majority vote of the members present.

       In the event of an equality of votes, the Chairperson (or the member presiding the meeting) gives a second or casting vote.

 

Recommendations:

       Not binding in nature.

       If the Central Government does not accept any recommendation of the TRAI or needs modifications, it refers the recommendation back to the Authority for its reconsideration.

       The TRAI forwards to the Central Government its recommendation after considering the reference made by that Government within 15 days.

 

Functions:

       To recommend the need for and timing of introduction of new service providers and terms and conditions of the licence to a service provider.

       To ensure compliance with terms of licence and revaluation of the same for non-compliance.

       To ensure technical compatibility between different service providers.

       To give advice to the government on any matter related to the telecom industry.

       To protect consumers’ interest, monitor quality of services, inspect equipment used in networks and make recommendations about such equipment.

       To facilitate competition and promote efficiency in operations to promote the growth of telecom services.