According to a Report by Access Now and Keep It On Coalition, India enforced as many as 84 internet shutdowns in 2022 . It was on the top of the list for the fifth year in a row.
News jungal desk: In 2022, in Jammu Kashmir, the internet was shut down 49 times, the highest of any state in the country.
In Rajasthan, shutdowns were imposed on 12 different occasions followed by West Bengal, 7 times.
Digital Authoritarianism:
Internet shutdowns are dangerous acts of digital authoritarianism.
The reports states that authorities used shutdowns to try to hide serious right violations and sever communications between individuals and communities, which also impacted human rights monitoring, including shutdown tracking and provision of humanitarian aid.
According to Internet Shutdown Tracker, a portal maintained by Software Freedom Law Centre, there have been a total of 665 internet shutdowns in India since 2012 and over 50% of these shutdowns were imposed since 2019.
Internet shutdowns are deliberate disruptions 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.
Internet Shutdowns are a means to wipe out online communication, which directly impacts day to day functioning in an increasingly digital world.
Internet Shutdowns at a Country Level:
In 2022, Internet shutdowns across the country caused economic losses of over 1500 crore.
It demonstrates the cumulative impact of multiple shutdowns carried out in different regions of the country in the year2022.
In just the first half of 2023 year, internet shutdowns have already cost an estimated 2091 crore.
It indicates a worsening situation in terms of financial consequences of internet disruptions in the country.
Internet Shutdowns in Kashmir:
In 2019, Kashmir’s six months communication blockade , resulted in over five lakh people losing their jobs.
This prolonged internet shutdown severely disrupted businesses and economic activities in the region.
Internet Shutdowns in Rajasthan:
In 2021 Rajasthan’s one month shutdowns, led to the losses of 800 crore.
This highlights the immediate and significant financial toll that even short-term internet shutdowns can have on the local economy.
What are the Primary Causes of Internet Shutdowns?
Law and Order Concerns: One of the major reasons to impose internet shutdowns is to maintain law and order , in the times of civil unrest, protests or communal tensions.
Authorities also impose shutdowns to prevent spread the misinformation, curb the organisation of protests or control potential violence.
National Security: Another reason to enforce internet shutdowns is national security, to prevent terrorist activities, potential threats or to maintain confidentiality during critical operations.
Curbing Hate Speech and Fake News: Government may order shutdowns to contain hate speech, rumours and fake news that could incite violence or create social unrest.
Public Safety Concerns: Shutdowns may be implemented during natural disasters or emergencies to manage communication channels and avoid being panic and spread of misinformation.
Social Media Control: Shutting down specific social media platforms or apps may be aimed at controlling the dissemination of information during sensitive events, also concerns related to privacy and security.
Preventing Exam Cheating: Sometimes, internet services are temporarily suspended during important examinations to prevent cheating and leakage of question papers.
What are the Major Impacts of Internet Shutdowns?
Violate Freedom of Expression and Information: Internet shutdowns violate the right to free expression and information, which is guaranteed by article 19(1)(a) under indian constitution.
They prevents people from sharing and accessing information, expressing opinions, participating in online civic spaces and holding authorities accountable.
They also affect the flow of information in the region affected by the shutdowns, weakening reporting and public awareness.
Economic Impact: According to Top10VPN.com Report, a UK based digital privacy group, internet shutdowns cost india over 20,000 crore in 2020 alone.
Internet shutdowns have very real economic costs on individuals as well as on country at large.
They directly contribute to economic loss and unemployment, especially for those who depend on online platforms for their livelihoods.
They also disrupt tele education, tele medicine, e-commerce ,digital payments and other sectors that rely on internet connectivity.
Deepen Digital Divide: Internet shutdowns also deepen the digital divide between those who have access to reliable and affordable internet and those who do not have.
They disproportionately affect marginalised groups like rural people and low income households.
They also contradict government’s vision of a digital India that aims to wmpower citizens through digital public infrastructure and services.
What are the laws governing Internet Shutdowns in India?
Section 5(2) of the Indian Telegraph Act, 1885 Read with, Temporary Suspension of Telecom Services(Public Emergency and Public Safety) Rules, 2017:
These rules allow the union or state Home Secretary to order the suspension of any telegrapgh service (including internet) in case of public emergency and public safety.
Section 144 of the Code of Criminal Procedure:
This section empowers a district magistrate , a sub-divisional magistrate to issue orders to prevent any disturbance of public tranquility.
Section 69A of Information Technology Act, 2000:
This section empowers the central government to block access to any information on the internet that it consider to be prejudicial to the sovereignity, integrity, defence, security, friendly relations of India, public order or decency or to incitement of any offence.
This section only applies to blocking any specific websites or content, not the entire content.
Supreme Court Judgement:
Anuradha Bhasin vs Union of India (2020):
In this landmark case, Supreme court delivered a significant judgement, recognising that the right to free speech and right to carry out trade and business through the internet are fundamental rights protected under article 19 (1) (a) and article 19 (1) (g) by Indian constitution, respectively.
The court also held that Internet shutdowns are subject to constitutional scrutiny and must adhere to the principles of necessity and proportionality.
The court emphasized that any restriction on internet access must br based on relevant material facts and take least restrictive measures to achieve the objective.
The judgement laid down guidelines to ensure that internet shutdowns are not imposed indefinitely, and any order suspending internet services must be published and subject to judicial review.
The judgement provided a significant legal precedent and framework for evaluating the legality and constitutionality of internet shutdowns in India.
What Should be the Way Forward?
Reforming Legislation Framework:
The government should amend the Telegraph Act and its rules, which are outdated and vague and do not comply with constitutional and human right standards that require any restriction on internet access to be necessary, proportionate, lawful and time bound.
The government should also issue clear guidelines for state governments on when and how to impose internet restrictions in exceptional circumstances, as recommended by a parliamentary panel report on internet slowdowns.
Assessing the Impact of Shutdowns:
The government should conduct regular impact assessments of internet shutdowns on human rights, democracy and development.
It should also compensate those who suffer losses due to internet shutdowns, especially rural populations, low income households.