TAMIL NADU NATIONAL LAW SCHOOL

B.A., LL.B (HONS.), EIGHTH SEMESTER 2017-18

CYBER LAW(SYNOPSIS)

ON

NET NEUTRALITY AND THE DETERMINATION

OF SPEECH AND EXPRESSION OVER THE
INTERNET

SUBMITTED BY: SUBMITTED TO:

Srivatsan Sridhar Ms. Preetham Balakrishnan

BA0150036 Faculty, TNNLS

 SYNOPSIS – CYBER LAW

I. INTRODUCTION

Ever since the evolution of the human race, mankind has been aimed at achieving an unending
quest of communicating with one another. A pursuit of the same led to the creation of the Internet
in 1983, when ARPANET adopted TCP/IP on January 1, 1983, and from there researchers began
to assemble the “network of networks” that became the modern Internet.

In the present day, over 3 billion people are connected over the global cyber space with their
access to Internet. The proliferation and access to Internet has brought along several benefits, but
the most important of them all is to connect with one another and create a virtual space which
has no to minimal involvement of the State, ensuring that the netizens have a right to express
themselves using different means, be it pictures, videos, memes or social media platforms.

While the judiciary is always in a pursuit of guaranteeing and furthering the freedom of speech
and expression on the cyber space, the policy decisions by the government need not necessarily
point in the same direction. The freedom of internet is beginning to be threatened by policy
decisions which are often against the idea of net neutrality.

Net neutrality is the principle that governments should mandate Internet service providers to treat
all data on the Internet the same and not discriminate or charge differently by user, content,
website, platform, application, type of attached equipment, or method of communication. For
instance, under these principles, internet service providers are unable to intentionally block, slow
down or charge money for specific websites and online content.

The principle of net neutrality ensures that there is no discrimination on the cyber space and
ensures equal access to all content available on the Internet. With latest policies being aimed at
against the idea of net neutrality, it poses a risk to the freedom that is available on the cyber
space and is a threat to a users free access to content over the cyber space. This can come as a
disturbing revelation to the very foundations of the Cyber Space.
 II. RESEARCH OBJECTIVES

• To study the birth, growth and evolution of the Internet;

• To analyze the right of freedom of speech and expression in the Cyber Space;

• To conceptualize the implications of net neutrality in access to Internet;

• To understand the importance of net neutrality vis-à-vis freedom of Internet;

• To suggest the possible solutions which cater to the interest of all stakeholders.

III. RESEARCH QUESTIONS

The research is aimed at looking to arrive for three research questions, namely:

A. Whether there exists a Freedom of Speech & Expression on the Internet? If yes, what is
the scope/extent of its application?

B. Whether net neutrality is beneficial to the Cyber Space at large?

C. Whether net neutrality furthers the Freedom of Speech & Expression over the Internet?

IV. RESEARCH METHODOLOGY

The author will adopt a doctrinal method of research in order to fulfill the said objectives and in
pursuit of answering the research questions as enumerated above and use articles, books and
precedents to support the arguments as put forward by the author.
 V. RESEARCH OUTCOMES

Upon successful completion of the research project undertaken, the author wishes to arrive at the
following outcomes:

A. Establish the position, scope and extent of the Freedom of Speech and Expression in its
application in the cyber space.

B. Study, analyze and conceptualize the benefits and consequences of net neutrality on the
Internet.

C. Analyze the position/effect of net neutrality on the Internet and study net neutrality vis-à-
vis the Freedom of Speech & Expression in the cyber space.
 VI. REVIEW OF LITERATURE

BOOKS

1. Gupta, A. (2011). Commentary on Information Technology Act. 2nd ed. Gurgaon:

LexisNexis.

The present book presents a lucid explanation of the Information Technology Act, 2000,
incorporating the 2008 Amendments. Owing to the inherent lacunae of authoritative material in
the area of law, the book serves to provide for comprehensive research and explanation of the
provisions of the Information Technology Act, which is all the more necessary and important in
our study of the evolving jurisprudence in the field of cyber law.

2. Duggal, P. (2014). Cyber Law. New Delhi: Universal Law Publishing Company.

The aforementioned book tracks the developments and advancements concerning Cyber Law and
the jurisprudence that has arisen as a result of the same. The book serves as an authoritative
treatise in an area of law with a dearth of such in-depth research. The book provides for a deep
insight pertaining to the emerging legal issues concerning the area of jurisprudence.

3. Chaubey, R. (2012). An Introduction to Cyber Crime and Cyber Law. 2nd ed. Kolkata:
Kamal Law House.

The aforementioned book serves as a comprehensive treatise pertaining to the jurisprudence in

the field of Cyber Space, wherein it covers the developments in Cyber Law and the development
and evolution of cyber crimes. The book provides for a lucid introductory chapter wherein the
author focuses on the growth and evolution of the Internet and the Cyber Space at large.

4. Lenard, T. and May, R. (2006). Net Neutrality or Net Neutering: Should Broadband
Internet Services be Regulated. Springer.

The aforementioned book throws light on the net neutrality debate by closely analyzing the same
through different perspectives, namely that of public policy, competition policy and ultimately
summing up the debate that is surrounding the net neutrality issue.
 5. Morozov, E. (2011). The Net Delusion: The Dark Side of Internet Freedom. New York:
Perseus Books Group.

The aforementioned book is an attempt by the author to go against the western narrative of
promoting rights in the evolving cyber space. The author attempts at putting forth arguments
against the democratization of the Internet being made available on cyber space and how they
may not necessarily be the step in the right direction.

ARTICLES

1. Singh, P. (2010). From a Public Internet to the Internet Mall. Economic and Political
Weekly, 45(42).

The author talks about the fate of net neutrality in USA where major carriers decided to waive of
charges for several websites. By analyzing the implications of the same upon different
stakeholders, the author provides a comprehensive insight into the challenges for stakeholders in
the net neutrality debate.

2. Chander, A. (2011). Googling Freedom. California Law Review, 99(1).

The paper provides for a comprehensive insight into the implications of Internet giants in the
democratic discourse over the internet and retaining the true essence of the Internet, which is to
remain free, neutral and free of discrimination.

3. Cheng, H., Bandyopadhyay, S. and Guo, H. (2011). The Debate on Net Neutrality: A
Policy Perspective. Information Systems Research, 22(1).

The paper provides a policy perspective to the net neutrality debate, hence providing for a
comprehensive study on the net neutrality debate from a policy perspective.

4. Ammori, M. (2014). The Case for Net Neutrality: What's Wrong With Obama's Internet
Policy. Foreign Affairs, 93(4).
In wake of the net neutrality debate in America, the paper throws light on the Internet policy as
proposed by Obama during his election campaign in terms of contribution and shaping of the
debate.

5. Greenstein, S. (2007). Economic Experiments and Neutrality in Internet Access.

Innovation Policy and the Economy, 8.

The paper provides for an opinion of the net neutrality debate from an economic perspective and
why companies are much more incentivized to encourage policies aimed against net neutrality.

6. O'Neil, R. (1998). FREE SPEECH ON THE INTERNET: BEYOND "INDECENCY."

American Bar Association, 38(4).

The paper provides for the position of free speech in the United States of America after the U.S.
Supreme Court struck done one of the provisions of a Federal legislation curbing the free speech.

7. Greenstein, S., Peitz, M. and Valletti, T. (2016). Net Neutrality: A Fast Lane to
Understanding the Trade-offs. The Journal of Economic Perspectives, 30(2).

The paper provides for a comprehensive overview of the net neutrality debate from the
perspective of each stakeholder and the trade-offs for each of the stakeholders in the debate and
how an amicable solution can be arrived at, taking everyone’s interests into consideration.