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Net Neutrality and Constitutional Doctrines

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November 30, 2017

What is the issue?

  • TRAI's support for Net neutrality comes as an adaptation to backing the constitutional principles in the emerging era of Internet.
  • Click here to know more on TRAI's recommendations.

How does net neutrality uphold constitutional values?

  • Equality - The government, as a trustee of public interest, is bound to device mechanisms for an equal distribution of resources.
  • Net neutrality, by facilitating a free and open Internet, contributes to equality in the use of a common resource that has almost become an essential good.
  • It has ensured that there are no technical imbalances in a way of distorting equality and reasonableness.
  • Liberty - The Internet is now affordable to millions of Indians without the traditional costs of distribution.
  • The non-discriminatory principle for Internet content through net neutrality has upheld the liberty of making choice by the user.
  • Speech and Expression - Allowing citizens the benefit of plurality of views and opinions on public issues is an essential component of the right to free speech.
  • Net neutrality thus defends the freedom of speech and expression by ensuring both the right to express and the right to receive information.

What is the emerging significance?

  • A content in Internet today is potential of sparking a spontaneous campaign, mobilising huge crowd, roping in civil society and even necessitating governmental intervention.
  • In this context, the ideas of equality, reasonableness and liberty are more than mere limitations on state power in favour of individuals.
  • They can transform into more meaningful doctrines when put into motion by the positive actions of the regulators and governments.
  • The whole concept of Net neutrality is one way of positive actions that has tuned constitutional doctrines to the needs of the modern world.
  • It comes as an indication of deepening participatory democracy in an emerging digital era by retuning the nature of constitutional values.

 

Source: The Hindu

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