Internet Shutdowns

• An internet shutdown may be defined as an intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.

Impacts of Internet Internet Shutdown and Restrictions

• Economic Loss:
  • India’s Internet restrictions accounted for more than 70% of the total loss to the global economy in 2020 and India remains infamous as the Internet shutdown capital of the world.
• Violation of Fundamental Rights:
  • Internet restrictions violate Fundamental Rights under Article 19(1)(a) and Article 19(1)(g).
  • It also violates Right to Information, a Fundamental Right under Article 19 by the Supreme Court in Raj Narain vs State of UP, 1975 case.
  • It also violates the Right to Internet, a Fundamental Right under Article 21 by the Kerala High Court in Faheema Shirin vs State of Kerala case.
  • It also violates the Right to Freedom of Press, a Fundamental Right declared by the Supreme Court in Indian Express vs Union of India (1986) and Bennett Coleman vs Union of India (1972) cases.
• Multiple Harms:
  • The Internet is a source of information, entertainment, health care, education, livelihood and a platform for the members of Indian society to interact with each other and the world at large.
  • However, the economic, psychological, social, and journalistic harms caused by such suspensions outweighs any speculative benefits.

Legal Provisions of Internet Shutdown in India

• Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC).
  • Section 144 of CrPC gave the police and the District Magistrate the powers in order to prevent unlawful gathering of people and also to direct any person to abstain from a certain activity.
• However, in 2017 the law was amended and the Government promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rule 2017.
  • Under the 2017 Rules, telecom/internet shutdowns may be ordered on grounds of public emergency and public safety.
  • Public emergency and public safety have not been defined in the 1885 Act or the 2017 Rules.
• Indian Telegraph Act, 1885:
  • It stipulates that only the Home Secretary of the Union or a state can pass an order, and that the order must include the reasons for the decision of suspension of internet services.
  • In “unavoidable circumstances”, the order can be issued by an officer of the rank of Joint Secretary or above, authorized by the Centre or the state Home Secretary.

Arguments in Favour of Internet Shutdown by the Government

• National Security: The government may assert that suspending internet services is a temporary and targeted measure to prevent the spread of misinformation, coordinate unlawful activities, or address security threats.
• Preventing Unrest and Violence: Suspending online communication helps prevent the organization of protests, riots, or other forms of civil unrest.
• Counteracting Fake News and Disinformation: During times of crisis or conflict, false information circulating online can exacerbate tensions and contribute to misinformation.
• Temporary and Targeted Measures: Supporters may emphasize that internet shutdowns are intended to be temporary and narrowly focused.
  • These measures are not meant to infringe on long-term access but rather to address specific and immediate concerns.

Arguments Against the Internet Shutdown by the Government

• Impact on Freedom of Expression: Internet shutdowns infringe upon the freedom of expression guaranteed by the Indian Constitution.
• Economic Disruptions: India has a rapidly growing digital economy, and internet shutdowns can lead to significant economic losses.
  • The perception of frequent internet shutdowns may impact tourism and trade, as a stable and accessible digital environment is crucial for business operations and attracting visitors.
• Educational Challenges: With the increasing use of online platforms for education, internet shutdowns can severely affect students’ access to learning resources, online classes, and communication with teachers.
• Healthcare Consequences: Access to healthcare information, telemedicine services, and health-related updates can be hampered during internet shutdowns.
• Social and Political Implications: Internet shutdowns are often associated with attempts to control social unrest, protests, or political opposition.
  • Critics argue that such measures can stifle democratic dissent and limit the right to peaceful assembly.
• Global Image and Investment: Frequent internet shutdowns can impact India’s global image, raising concerns among investors and international partners.
  • A perceived lack of digital freedom and stability may deter foreign investments and collaborations.
• Human Rights Concerns: Critics assert that internet shutdowns raise human rights concerns, including the right to access information, freedom of speech, and the right to peaceful assembly.
• Lack of Transparency: Some critics argue that the government needs to provide clear justifications for such actions and communicate transparently about the duration and reasons for the shutdown.

Anuradha Bhasin vs. Union of India (2020):

• In 2020 the Supreme Court by ruling on Jammu and Kashmir Internet shutdown held that indefinite internet shutdowns by the State is not permissible under Indian Constitution.
• The apex Court further stated that imposition of Section144 can not be used as a mechanism to avoid genuine protest which is permitted under the Constitution.
  • Section 144 has very specific parameters, only if those parameters are satisfied then only a Magistrate can pass the orders.
• Key Highlights of the orders:
  • Usage of the Internet is the Fundamental Right under Article 19 of the Indian Constitution.
  • Internet shutdowns can be of temporary period but not for indefinite period.
  • Government to publish all orders imposing restrictions under Section 144.
  • The Court had also said that any order with regard to Internet Shutdowns will come under Judicial Scrutiny.

Latest News:

• 17 May 2024:
  • India witnessed the highest number of Internet shutdowns in the world in 2023, a record it has held for the sixth straight year, according to a report.
  • India has collectively had more than 500 instances of Internet shutdowns.
  • A total of 13 States and Union Territories imposed shutdowns in 2023, where seven of them disrupted Internet services five or more times.
  • Shutdowns spanning over five days or more shot up from 15% of all shutdowns in 2022 to more than 41% in 2023.
  • With 37 orders, Myanmar, where the military seized power in a coup in 2021, recorded the second-highest number of Internet shutdowns, followed by Iran (34), Palestine (16), and Ukraine (8).
• 02 February 2024:
  • Recently, the Supreme Court questioned the Union Territory of Jammu and Kashmir about the non-­publication of orders for the suspension of Internet services.