INTERNET SHUTDOWN IN INDIA – SOCIAL ISSUE
News: India
leads in Internet shutdowns, but lacks tool to assess impact
What's in the news?
● Recently,
the Punjab Government suspended mobile Internet and SMS services for over four
days while conducting an operation to apprehend Amritpal Singh, a
pro-Khalistani preacher.
● The
Government stated that this action was taken to ensure public safety, prevent
instigation of violence, and maintain peace and order.
Key takeaways:
India’s share in Global Internet Shutdowns:
● The
issue of Internet shutdowns in India is of great significance, as per Access
Now, a non-profit organization that defends digital rights, 60% of all Internet shutdowns recorded
worldwide between 2016 and 2022 occurred in India.
● The
number of shutdowns recorded by Access Now in India and globally, with India’s
share ranging between 40% to 70%.
● India has recorded the
highest number of shutdowns over the past five years,
with a significant gap between India and the country ranked second.
● It
is worth mentioning that Internet shutdowns are rarely, if ever, imposed in
most regions of Europe, North and South America, and Oceania.
● However,
they are quite prevalent in Africa and Asia.
Internet Shutdowns in India across States:
● The
Software Freedom Law Center (SFLC) maintains a record of Internet shutdowns in
India and has reported eight such
instances in the state of Punjab.
● According
to the SFLC’s data from 2012 to March 2023, the number of Internet shutdowns
that occurred in each state, with only six shutdowns recorded in southern
states combined.
● Kerala
did not report any instances of an Internet shutdown.
● With
the exception of Himachal Pradesh, Mizoram, and Sikkim, all other states have
reported at least one Internet shutdown.
● Jammu and Kashmir,
Rajasthan, and Uttar Pradesh recorded the highest
number of shutdowns.
○ The
shutdown in Kashmir after Article 370 was the longest ever in any democratic
country.
What is meant by Internet Shutdowns?
● Internet
shutdowns may be defined as an intentional
disruption of internet or electronic communications for a specific population
or location, to exert control over the flow of information.
● Internet
shutdowns can happen at a national level, where users across the entire country
cannot access the Internet, or at a subnational (local) level, where mobile and
fixed Internet access in a state, city, or other localized area is cut off.
● India
tops the list of Internet shutdowns globally and has been tagged as the capital
of the world internet shutdown.
Legal Provisions for Internet Shutdown in India:
Legislative
provisions on suspension of Internet services are dealt with under the
Information Technology Act, 2000, the Criminal Procedure Code (CrPC), 1973 and
the Telegraph Act, 1885.
1. Indian telegraph act 1885:
● Section
7 of the Act has been amended to include temporary suspension of telecom
services (public emergency and public safety) rules.
● As
per the rules, only the home secretary of the union or the state can issue such
an order. It has to be reviewed by a committee within 5 days. Such an order
shall not be in operation for more than 15 days.
2. Powers under Section 144 CrPC:
● In
an unavoidable circumstance, the order can be issued by an officer of the rank
of joint secretary or above, authorized by the union or state home secretary.
3. Section 69(A) of the Information Technology Act
2008:
● It
gives the Government power to block particular websites and not the internet as
a whole.
Judicial Pronouncements:
1. SC Ruling on J&K:
In
January 2020 the Supreme Court while ruling on Jammu and Kashmir Internet
shutdown made the following observations such as
● Internet
shutdowns can be for a temporary period
but not for an indefinite period.
● Government
is to publish all orders imposing
restrictions under Section 144.
● Freedom
of speech and expression through the medium of the internet is a fundamental right under Article 19(1)(a) of
the Constitution.
● The
Court had also said that any order with regard to Internet Shutdowns will come
under Judicial Scrutiny.
● Freedom
of trade and commerce through the internet is also a constitutionally protected
right under Article 19(1)(g).
2.
Kerala high court’s judgement in Faheema
Shirin v/s State of Kerala, where the right to internet access was
recognized as a fundamental right forming a part of the right to privacy and
the right to education under Article 21 of the constitution.
3.
Anuradha Bhasin vs Union of India,
where the top court also ruled that any restriction on Internet access by the Government
must be temporary, limited in scope, lawful, necessary and proportionate.
Need for Internet Shutdowns:
1. Deterrent to hate speech and fake news:
● The
internet has become a medium for spreading animosity and hatred against various
religious and ethnic groups.
● Xenophobic
tendencies can be effectively tackled.
2. Ensure peace and stability:
● Internet
shutdowns may be seen as a preventive measure used by the law & order
administration as a last resort to address mass protests, and civil unrest, curbing
the spread of misinformation so as to ensure peace and public safety.
3. Avoid anarchy:
● In
certain extreme situations where rumours through WhatsApp and other social
media start playing a disruptive role, it may become necessary to have internet
shutdowns.
Concerns of Internet Shutdowns:
1. Human rights violations:
● Kerala
high court’s judgment in Faheema Shirin v/s State of Kerala, where the right to
internet access was recognized as a fundamental right forming a part of the
right to privacy and the right to education under Article 21 of the constitution.
2. Economic Cost:
● As
per a recent report by UK-based privacy and security research firm Top10VPN,
Internet shutdowns in 2020 cost India
$2.8 bn, almost 70% of the total loss of $4 bn to the world economy.
● India
lost over $1.3 billion in internet shutdowns across the country in 2019 -
making it the third-most economically affected country after Iraq and Sudan.
3. Social cost:
● Essential services like
education, health, public services, etc are held
back. Internet shutdown is also causing a digital
divide and disparity in education, especially in the instances of the
COVID-19 pandemic.
4. Fails to achieve the objective:
● There
is no conclusive evidence showing that Internet shutdowns lead to maintenance
or restoration of public order.
5. Social chaos:
● Shutting
the internet results in an information blackout that can also create hysteria,
and panic and can result in even more discord.
6. Affects India's image globally:
● According
to a report published by the UN High Commissioner for Human Rights last year,
long-standing connectivity restrictions in Kashmir have had a negative impact
on remote education, which in turn affects student's learning which in turn
negatively affects India's global soft power image.
Recommendations of Standing Committee on
Communications and Information Technology:
● It
should be noted that the Indian central
government does not compile data on Internet shutdowns imposed by state
governments.
● In
fact, the Standing Committee on Communications and Information Technology had
recommended the collection of centralized data on Internet shutdowns, which was
presented in its report on “suspension of telecom/Internet services and its
impact” in 2021.
● The
Committee had stressed on the importance of documenting the reasons, duration, decision of the competent authority
and review committees for each Internet shutdown, and making the information
public.
● The
Committee also criticized the use of
internet shutdowns as a substitute for maintaining law and order.
● In
2020, the Supreme Court stated that internet suspensions should be
proportionate and not extend beyond the necessary duration.
● However,
the Committee found the replies of the Department of Telecommunication and the
Home Ministry on the test of proportionality and the procedure for lifting a
shutdown to be vague and lacking clarity.
Way Forward:
● Internet
shutdowns may only be used as a last
resort by taking into account the cost-benefit analysis.
● All
governments should document the reasons, time, alternatives considered,
decision-making authorities, and the rules under which the shutdowns were
imposed and release the documents for
public scrutiny.
● Frequency
of Internet shutdowns may be given more weightage in determining the ease of
doing business.