Welcome to The Esya Dispatch, a weekly snapshot of the policy debates shaping India’s digital economy. Each edition brings together key developments in technology policy, from platform governance and AI regulation to data protection and competition — along with the Esya Centre’s perspective on what they mean for innovation, businesses, and users.
Here’s a quick recap of two key tech policy developments from the past week:
Dainik Bhaskar and other outlets file CCI complaint against Google over revenue sharing
Recently, the Promoter and Director of Dainik Bhaskar said that the publisher, along with other media organizations, has filed a case against Google before the Competition Commission of India (“CCI”), with regard to revenue sharing between platforms and news publishers. Previously, bodies like the Indian Newspaper Society, the Digital News Publishers’ Association and the News Broadcasters and Digital Association had approached the CCI, alleging that Google abused its dominant position in the search engine market by free-riding on their news content and failing to compensate them fairly for their content. Their complaint also flagged concerns regarding the inclusion of “snippets” on Google search, noting that it adversely affects their revenue. In 2022, the CCI clubbed all these complaints together. These concerns have seemingly intensified following the rollout of Google’s AI Overview feature, which provides AI-generated summaries of news articles directly on the search results page.
ESYA’S TAKE: News publishers’ arguments in these cases rest on the premise that digital platforms are free-riding on their content. However, the empirical basis for this argument is weak, because news publishers often benefit from the referral traffic that accrues to them from digital platforms. For example, in 2023, Brazil’s competition regulator published a report which found that Google’s news snippets, which display headlines and short extracts of news articles on the search results page itself, increased traffic to news media websites. This report also found insufficient evidence of snippets discouraging users from clicking through to news websites. This casts doubt on the broader claim that digital platforms systematically free-ride on news publishers’ content.
Airtel’s postpaid priority plan faces TRAI review following net neutrality concerns
Airtel recently rolled out a priority network service for postpaid users, promising them faster and more stable connections. This service relies on 5G network slicing, which divides the network into several vertical “slices” that cater to varying customer needs. While carriers like Jio have relied on network slicing for fixed wireless access, Airtel’s plan is the first to use it for individual mobile users.
Airtel’s plan appears to have raised concerns about a violation of net neutrality norms, with both the Centre and the Telecom Regulatory Authority of India (“TRAI”) examining whether the plan deteriorates the quality of service for Airtel’s prepaid users. Recently, the Parliamentary Standing Committee on IT sought responses from the Department of Telecommunications (“DoT”) and the TRAI on whether 5G network slicing could compromise the net neutrality of prepaid mobile users and asked them to review its impact across countries like Singapore and the UK within 25 days.
ESYA’S TAKE: The TRAI has long maintained that net neutrality principles are technology neutral and so apply to 5G networks in the same way as they apply to 2G, 3G and 4G technologies. However, the controversy regarding Airtel’s postpaid plan highlights that this may prove challenging in practice. Net neutrality norms were formulated at a time when applications were distinct from and simply travelled over a network. Thus, they do not account for the technological realities of 5G network slicing, which envisions applications interacting with networks that are configured to meet their specific needs.
For example, some stakeholders argue that Airtel’s priority postpaid plan does not violate net neutrality in India, because it does not prioritise speed for specific apps, or impose differential pricing for apps. However, others are concerned that since spectrum remains limited, prepaid subscribers may nonetheless experience slower services during periods of congestion. Additionally, some experts contend that net neutrality principles are limited to internet access services and do not extend to 5G network slicing, which is a “specialized service” optimized for specific users that is exempt from non-discrimination obligations. Conversely, some scholars studying similar exemptions in other countries question whether they can apply to network slicing, stating that it provides advanced services to a variety of use cases, rather than being optimized for specific use cases. This indicates that the application of net neutrality to 5G network slicing may not be straightforward.
