India

Is there net neutrality regulation?

Yes. ‘There is a regulation prohibiting zero rating in all forms, titled the prohibition on discriminatory tarrifs for data tariffs. The TRAI in November 2017 recommended that the Department of Telecommunications amend the license agreement with all ISPs to include a prohibition against all forms of discrimination based on content, sender or receiver, protocols used or the user’s equipment. TRAI also recommended rules against blocking, throttling and all forms of preferential treatment. For the full text, see here http://www.trai.gov.in/sites/default/files/Recommendations_NN_2017_11_28.pdf

Has any national regulator issued any regulation regarding zero rating?

Yes. Prohibition on service providers charging “differential tariffs” for data based on content. 

Is zero rating permitted by the national regulation or tolerated by the national regulator?

No. 

Name of the operators implementing zero rating offerings:

None, due to law. Prior to law, most major telecom operator (Vodafone, Airtel, Aircel, Reliance, Telenor) had zero rated offers. 

Are the operators zero-rating specific services (e.g. only Whatsapp) or classes of services (e.g. all instant messaging apps)?

Pre regulation: There were multiple forms of zero rating prior to the regulation, all applying to specific services or a predefined set of specific services. First was the zero rating of specific services . Second was data offers exclusively for access to certain services (“Facebook pack”, “Social media pack”) where access to external content is charged at base rate. Third, was free access to a predefined set of services, across classes (“Facebook FreeBasics”)

 In case only specific services are zero rated, what are the zero rated services?

Pre regulation: The zero rated plans were for Facebook, Twitter and WhatsApp (also a combination of the three). Facebook freebasics offered Facebook and multiple additional pre-decided services (including Wikipedia). 

Is the zero-rated service throttled or blocked after the data volume is exceed?

Pre regulation: access was either blocked if data volume exceeded or charged at “base rate” per MB consumed.

Is the user signing up for free (e.g. zero rated services are bundled with specific offerings) or is the zero rating offering?

Varied depending on offer. See column E. For zero rated services, either cost was for exclusive pack (lower than a general data pack) or it was cost for the general data pack and access to specific services would not count towards data limit. The Facebook FreeBasics model was at no cost at all. 

Is the Content of Application  Provider paying to be zero-rated?

Unknown.

Is the zero rating offering time-limited?

Pre regulation: The plans would come in varying durations (daily, 7 days, monthly). 

Internet penetration level:

In Oct/2019, 40.9% per IWS. 

Is there data protection regulation in the country?

No. There is no specific legislation on privacy and data protection in India. However, the Information Technology Act, 2000 (the ‘Act’) contains specific provisions intended to protect electronic data. India’s IT Ministry adopted the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules (Privacy Rules). ‘http://www.dot.gov.in/sites/default/files/itbill2000_0.pdf’

 Name of the person providing information (optional):

Amba Kak.