Trai upholds Net Neutrality, blocks Facebook's Free Basics

February 8, 2016

New Delhi, Feb 08: In a boost to net neutrality and a blow to Facebook and other operators offering differential data tariffs, telecom regulator Trai today barred them from charging discriminatory prices for web access.trai

In a far reaching recommendation, Trai provided for a penalty of Rs 50,000 for each day on service providers if they flout the order. This penalty would be subject to a maximum of Rs 50 lakh.

"No service provider shall offer or charge discriminatory tariffs for data services on the basis of content," Telecom Regulatory Authority of India (Trai) Chairman RS Sharma said unveiling the details of the regulations, effective today, titled 'Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016'.

The new rules come amid a long-running debate on net neutrality wherein Facebook has been facing flak for its 'Free Basics' platform, while operators like Airtel have been at the receiving end for similar plans announced earlier.

The Trai order is seen as a setback to Facebook which had plans to roll out Free Basics, providing access to a limited set of websites for free. This was seen as undermining the equal-access precepts of net neutrality.

"Anything on Internet cannot be differently priced. This is the broad point that we have highlighted in regulation," Sharma said.

Plans which are active in contravention of the new regulations should cease to exist in 6 months, he said, adding that the new regulations have been notified in Gazette and are effective from today.

"No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content," Trai said.

However, service providers have been allowed to reduce tariff for access in case of providing emergency services.

"We have not defined emergency services. But in case of such services, operators have to inform Trai within 7 working days," Sharma said.

Trai has rejected outright the idea of case-by-case approval to plans that may be priced differently as was suggested by a panel of officials at Department of Telecom.

When asked about telecom operators providing their own applications or services like music, movie applications at discounted or reduced rates to their subscribers, Sharma said: "Let's not talk about specific product or services. Anything available on Internet should not be priced indiscriminately."

If a service is being sold on the Internet at a price or free then it should be accessible for subscribers across all telecom networks without any differentiation or discrimination in the price, it added.

The regulator will review this regulation after two years or any earlier date which it may consider fit.

"Two years is a big time in technology space. Review is a very natural process. We have provision to review in other regulations as well," Sharma said.

Commenting on the development, Software Freedom Law Centre Executive Director Mishi Choudhary said: "Differential pricing runs counter to this fundamental premise, which has had no small role to play in the Internet's explosive growth.

"In this context, Trai's latest regulations are a big step in the right direction, and secure India a position amongst the select few nations to have accorded legislative respect for the principle of network neutrality."

A debate on net neutrality stirred across the country after Airtel decided to charge separately for Internet-based calls in December 2014 but withdrew it later after people protested. The debate heated up after Airtel launched free Internet platform Airtel Zero and later Facebook also launched its Internet.Org platform, renamed as Free Basics.

Talking about difference of prices on the basis of Internet speed like 2G, 3G and 4G, Sharma said that Trai is discussing the same under draft direction to service providers for delivering broadband services in a transparent manner.

The speed of Internet is essential for accessing online videos, music and even for making Internet based calls technically known as VoIP calls.

This is the first ever regulation from Trai which saw record participating of 24 lakh people during the consultation round.

Facebook claimed that the number of comments in support of Free Basics to be more than 1.35 crore as against Trai's official figure of around 24 lakh.

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Agencies
April 14,2020

Mumbai, Apr 14: Activist and scholar Anand Teltumbde was arrested by the National Investigation Agency (NIA) on Tuesday after he surrendered before it in connection with the Elgar Parishad-Maoist links case.

Teltumbde surrendered at the NIA office at Cumbala Hill in south Mumbai following the Supreme Court's directives.

He was subsequently arrested by the NIA and shall be produced before a court here shortly, an official said.

Earlier, the scholar reached the NIA office in the afternoon along with his wife Rama Teltumbde and brother-in- law and Dalit leader Prakash Ambedkar.

Anand Teltumbde is the grandson-in-law of Dalit icon Dr B R Ambedkar, whose 129th birth anniversary is being observed on Tuesday.

Civil rights activist Gautam Navlakha, a co-accused in the case, also surrendered before the NIA in Delhi. His anticipatory bail plea was also rejected by the apex court.

According to the official, Navlakha will be produced before the court in Mumbai through video conference.

The Supreme Court on March 17 this year rejected the pre-arrest bail pleas of Anand Teltumbde and Gautam Navlakha, and directed them to surrender before the investigating agency.

Teltumbde, Navlakha and nine other civil liberties activists have been booked under the stringent provisions of Unlawful Activities Prevention Act (UAPA) for having alleged Maoist links and conspiring the overthrow the government.

The apex court while rejecting Teltumbde and Navlakha's bail pleas on March 17, directed them to surrender before the prosecuting agency withing a period of three weeks.

The duo later sought extension of the time.

On April 9, the Supreme Court extended the time by one week by way of last chance.

The activists were booked initially by Pune Police following violence that erupted at Koregaon-Bhima there.

According to police, the activists made inflammatory speeches and provocative statements at the Elgar Parishad meet held in Pune on December 31, 2017, which triggered violence the next day.

The police also said these activists were active members of banned Maoist groups.

The case was later transferred to NIA. Teltumbde and Navlakha were given interim protection by the Bombay High Court while their pre-arrest bail pleas were being heard.

After the high court rejected their applications, the duo approached the Supreme Court.

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News Network
August 6,2020

New Delhi Aug 6: In a new twist in the Vijay Mallya case, a certain document connected with the case in the Supreme Court has gone missing from the apex court files. 

A bench comprising Justices U.U. Lalit and Ashok Bhushan adjourned the hearing to August 20.

It was hearing the review plea filed by Mallya against a July 14, 2017 judgment wherein he was found guilty of contempt for not paying Rs 9,000 crore dues to banks despite repeated directions, although he had transferred $40 million to his children.

The bench was looking for a reply on an intervention application, which it seemed has gone missing from the case papers.Parties involved in the case sought more time to file fresh copies.

On June 19, the Supreme Court sought explanation from its registry regarding Mallya's appeal against the May 2017 conviction in the contempt case for not repaying Rs 9,000 crore dues to banks not listed for the last 3 years.

A bench comprising Justices Lalit and Bhushan had asked the Registry to furnish all the details including names of the officials who had dealt with the file concerning the Review Petition for last three years.

The bench said according to the record, placed before it, the review petition was not listed before the court for last three years. "Before we deal with the submissions raised in the Review Petition, we direct the Registry to explain why the Review Petition was not listed before the concerned Court for last three years," said the bench.In May 2017, the apex court held him guilty of contempt of court for transferring $40 million to his children, and ordered him to appear on July 10 to argue on the quantum of punishment.

The bench said let the explanation be furnished within two weeks. "The Review Petition shall, thereafter, be considered on merits," it added.In 2017, the apex court passed the order on a contempt petition against Mallya by a consortium of banks led by the SBI. 

The banks claimed Mallya transferred $40 million from Daigeo to his children's accounts, and did not use this money to clear his debt. Banks cited this as violation of judicial orders.

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News Network
April 2,2020

Thiruvananthapuram, Apr 2: With the coronavirus lockdown in place, liquor would be delivered home by state-run retail outlets in Kerala after the left government has decided to issue special passes to tipplers, who exhibit withdrawal symptoms and have doctors prescription.

Protesting the government decision, the Kerala Government Medical Officers Association (KGMOA) wore black badges on Wednesday, but attended duty and seeking immediate withdrawal of the order, saying it was "anti-people".

As per guidelines issued by the Kerala State Beverages Corporation managing director G Sparjan Kumar, for the supply of liquor, a service charge of Rs 100 would be collected from each pass holder for meeting the delivery expenses.

Each person would be entitled to 3 litres of Indian Made Foreign Liquor (IMFL) and sale of wine and beer was not envisaged, the order stated.

Those not willing to undertake the home delivery, the name and details of the employee should be reported to the Head office for submission to the government, it said.

A civil police officer will have to accompany the distribution vehicle.

The sale of liquor should be only to the pass holders, limiting it to the quantity mentioned in the pass.

Any excess sale to pass holders or sales to non-pass holders is strictly prohibited, the order said.

In the order issued on Monday, the government said, following the lockdown and the closure of liquor outlets in the state, there were many instances of social issues, including suicidal tendencies shown by those who consumed liquor regularly and the state government has decided to initiate steps to resolve the matter.

Speaking to reporters, chief minister Pinarayi Vijayan said his government has not forced anyone to prescribe liquor to addicts.

He was responding to a query on the indifference of doctors towards the matter of prescribing liquor to addicts.

"If the doctors are not ready to prescribe liquor, it's fine. We are not forcing anyone to do so. We were just following the protocol which are prevalent at many places. It's been over a week. The family and friends of the addicts can gently persuade them to approach the de-addiction centres," he said.

Sparjan Kumar said the order on home delivery was just a modality, as part of the earlier order issued by the government to provide liquor under prescription.

"We have worked out a modality. We have a meeting tomorrow. Some new order has been issued by the Centre today. The meeting will discuss the implementation of the orders," Kumar told.

A person showing withdrawal symptoms has to get a doctor's prescription on his condition so that he could be provided liquor in a "controlled manner", the order added.

The Indian Medical Association (IMA) has also come out against the government's move.

Meanwhile, Vimukthi, an anti-narcotics campaign launched by the state government, has till now admitted 64 patients since March 24.

"Since March 24, the day lockdown started, we have 64 patients admitted due to withdrawal symptoms. We have also registered at least 200 out patients at various de-addiction centres across Kerala," K Mohammed Resheed, Joint Excise Commissioner in charge of awareness told.

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