Facebook gets slammed by India regulator in major setback for Free Basics

Facebook’s controversial Free Basics scheme has run into a new setback in India. The Telecom Regulatory Authority of India (TRAI) wrote an uncharacteristically strongly worded letter to Facebook, rapping the company for the manner in which it ran its campaign for Free Basics in the country.

Facebook has been fighting a battle ever since it launched its program to give limited free internet access to people. It was originally called Internet.org.

Netizens in India complained about Facebook’s supposedly evil scheme to disrupt net neutrality in the country. Zuckerberg, in the end, had to relaunch his pet project under the new Free Basics moniker.

TRAI had invited comments from the public and all stakeholders on its consultation paper. The last day for submission of responses was January 7.

In a letter today addressed to Facebook’s director of public policy for India, South and Central Asia, the regulatory body accused Facebook of being silent on whether it had run a fair campaign while canvassing for public support.

“Your urging has the flavor of reducing this meaningful, consultative exercise designed to produce informed decisions in a transparent manner into a crudely majoritarian and orchestrated opinion poll,” wrote KV Sebastian, a joint adviser, in the letter. The full text is here (PDF link).

Very public fight

The two parties are fighting over whether Free Basics and similar services serve the public by offering accessible internet, or do more harm by violating the fundamental principles of net neutrality. Activists have argued that Free Basics and “zero rating” – where internet service providers exempt end users on data charges for specific apps – will destroy the level playing field provided to innovators by the internet, which is a public utility.

In a post on its India page, Facebook said its “mission is to make the world more open and connected and in this regard we are fully aligned with what we believe is TRAI’s objective through this consultation paper; a policy that encourages and promotes access, so that millions of unconnected across India are able to get the benefits of connectivity.”

Despite Wednesday’s public ridiculing, the TRAI said it did not mean that the government body will reject “any relevant responses” it might have received.

The regulator questioned Facebook’s claims that 16 million users had sent emails to the government body petitioning in favor of Free Basics.

The TRAI said it had received 1.9 million notes of support for Zuckerberg’s program, as opposed to answers and comments on questions posed to the public in its consultative paper on differential pricing.

The scathing letter is the latest in a series of back and forths between the Indian government and the social media giant.

The final decision on differential pricing, which allows telecom providers to offer free or restricted internet access through campaigns like Free Basics, is pending.