According to a report released by advocacy body ACCESS NOW, global internet shutdowns reached a record high in 2024, with INDIA leading in the government-imposed restrictions. India imposed a total of 84 shutdowns (the highest in any democracy) affecting 16 states and territories in the country. Nowadays Internet shutdown is in the news, so here we have discussed in detail about Internet Shutdown.
What is an internet shutdown?
An internet shutdown happens when someone, usually a government, intentionally disrupts the Internet or mobile apps like WhatsApp or Telegram to control what people say online.
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. Shutdowns are also sometimes called “blackouts” or “kill switches”.
Legal Provisions Relating to Internet Shutdown
- Grounds: The government can impose an internet shutdown only in case of a “public emergency” or in the interest of “public safety”(Indian Telegraph Act).
- Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC). It gives the police and the District Magistrate the powers to prevent unlawful gathering of people and also to direct any person to abstain from a certain activity.
- However, it was amended and the Government promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rule 2017. They include ensuring transparency, reviewing the shutdown after 48 hours, and allowing citizens to challenge the shutdown.
Supreme Court Judgement in Anuradha Bhasin vs. Union of India and Ors. 2020
- SC held that freedom of speech and expression through the medium of the internet is an integral part of Article 19(1)(a). So any restriction on the same must be by Article 19(2) of the Constitution
Arguments in Favour of Internet Shutdown by the Government
- National Security: It acts as a temporary and targeted measure to prevent the spread of misinformation. It also coordinates unlawful activities or addresses security threats.
- Temporary and Targeted Measures: The Internet shutdowns are intended to be temporary and narrowly focused. These measures are not to infringe on long-term access but rather to address specific and immediate concerns.
- Preventing Unrest and Violence: It helps prevent the organization of protests, riots, as well as other forms of civil unrest.
- Counteracting Fake News and Disinformation: During times of crisis or conflict, false information can exacerbate tensions and contribute to misinformation.
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.
- Global Image and Investment: Frequent internet shutdowns impact India’s global image, raising concerns among investors and international partners.
- Human Rights Concerns: It raises human rights concerns( right to access information, freedom of speech, and right to peaceful assembly).
- Economic Disruptions: India has a rapidly growing digital economy, and internet shutdowns lead to significant economic losses.
- Educational Challenges: Dependency on online platforms for education, and internet shutdowns severely affect students’ access to learning resources, online classes etc.
- Lack of Transparency: The government should provide clear justifications for such actions and communicate transparently about the duration, and reasons for the shutdown.
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Way ahead
Recommendations of the Parliamentary Standing Committee on Communications and Information Technology
- Codifying defined parameters that constitute public emergency and public safety.
- Putting in place a mechanism to decide the merit of an internet shutdown.
- Department in coordination with the Ministry of Home Affairs (MHA) should lay down a clear principle of proportionality and procedure for lifting shutdowns to not extend them indefinitely.
- The Department of Telecommunications (DoT) should formulate a policy to selectively restrict the use of OTT services instead of banning the internet as a whole, to ensure minimum inconvenience to the public and curb misinformation.
- DoT and MHA should conduct a study on the impacts of internet shutdowns and their effectiveness in dealing with public safety and public emergency.
- The Government should communicate to users any limitations, restrictions, or changes to service they may experience and provide regular updates on the status and duration of the shutdown.
Conclusion
In a democracy, the government should provide a rationale for occasionally disrupting internet services. Also, Indiscriminate shutdowns have high social and economic costs and are often ineffective. For better internet governance the Indian civil society needs to push for a transparent and accountable system.