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.