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Internet Shutdown
Context:
The Udaipur administration suspended internet services in the city for 24 hours after violence erupted following an alleged stabbing of a class 10 student by a classmate at a government school in Rajasthan.
About Internet Shutdown
Its a deliberate blocking or restriction of internet access in a specific geographic area. This can be implemented by governments or other authorities for various reasons, including:
- Security concerns: To prevent the spread of misinformation, disrupt terrorist activities, or maintain order during times of unrest.
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- For example, internet shutdown in Kashmir to ensure national security and promote safety of citizens.
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- Public Order: For example, Internet shutdown across Manipur to control ongoing ethnic violence in State.
- To prevent social unrest: For example, Internet services were suspended in Kolhapur district of Maharashtra in 2018 during celebrations of Bhima-Koregaon battle anniversary.
- Technical issues: To address technical problems or prevent cyberattacks.
Provisions in India:
- The suspension of telecom services, including internet shutdowns, is currently regulated by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, under the Indian Telegraph Act, 1885.
- These rules allow for the temporary shutdown of telecom services in a region for up to 15 days in cases of public emergency.
- The 1885 Act grants the central government the authority to regulate various telecom services, including internet services, and issue licences.
- Orders for the temporary suspension of telecom services must be issued by the Union or State Home Secretary.
- The 2017 Rules also establish a three-member Review Committee, led by the Cabinet Secretary at the central level and the Chief Secretary at the state level, to review telecom or internet shutdown orders issued by the central and state governments, respectively.
Anuradha Bhasin vs Union of India and Ors. (2020)
- This landmark Supreme Court case challenged the legality of the internet shutdown imposed in Jammu and Kashmir in August 2019, following the revocation of the state’s special status under Article 370.
- The Court ruled that the indefinite internet shutdown was disproportionate and violated the right to freedom of speech.
- It emphasised that while the government can restrict internet access for national security or public order, such restrictions must be proportionate and based on clear necessity and any order suspending the internet under the Suspension Rules is subject to judicial review.
Impact of Internet Shutdowns:
- Economic Loss: Internet shutdowns in India reportedly resulted in a loss of $118 million in foreign investment between January and June 2023. Additionally, a single-day shutdown can cause up to 379 people to lose their jobs.
- Fundamental Rights: Internet shutdowns restrict access to information, curbing digital freedom and fundamental human rights like freedom of speech and expression (Article 19) and access to information.
- Inequality: Shutdowns disproportionately impact marginalized communities by limiting their access to new revenue streams and opportunities, worsening existing inequalities and hindering efforts toward equitable digitization.
- Disaster Management: The loss of communication during internet shutdowns hampers the dissemination of crucial information, such as early warnings and evacuation routes, exacerbating the impact of disasters.
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- For example, the ongoing internet shutdown in Myanmar worsened the effects of Cyclone Mocha, which struck western Myanmar in May 2023.
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- Education and Healthcare: Shutdowns disrupt access to essential online services, including educational platforms and healthcare information.
- Protest and Violence: Internet shutdowns isolate people from the rest of the world, creating confusion and frustration, which can lead to strikes or protests that may escalate into violence.
- Human Rights Abuse: Shutdowns hinder accountability, allowing perpetrators to exploit the disruption to conceal offenses such as killings, arson, and gender-based violence.
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- Gideon Rachman’s “The Age of the Strongman” is a thought-provoking analysis of the global political landscape, focusing on the rise of authoritarian leaders and the decline of democratic institutions.
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Way Forward:
Recommendations of the Parliamentary Standing Committee on Communications and Information Technology:
- Defining Public Emergency and Public Safety: The Committee recommended codifying clear definitions for what constitutes a public emergency and public safety, as these terms are not currently defined in the Indian Telegraph Act, 1885, or the 2017 Rules.
- Mechanism for Evaluating Internet Shutdowns: The Committee suggested establishing a mechanism to assess the justification for an internet shutdown.
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- It also emphasised the need for the Department, in coordination with the Ministry of Home Affairs (MHA), to set clear principles of proportionality and procedures for lifting shutdowns to prevent indefinite extensions.
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- Selective Restriction of OTT Services: The Department of Telecommunications (DoT) was advised to develop a policy for selectively restricting the use of over-the-top (OTT) services instead of imposing a blanket internet ban, minimising public inconvenience and curbing misinformation.
- Impact Study of Internet Shutdowns: The Committee recommended that the DoT and MHA conduct a study to evaluate the impacts of internet shutdowns and their effectiveness in addressing public safety and emergencies.
- Clear Communication to Users: The government should transparently communicate any limitations, restrictions, or changes in service to users during a shutdown and provide regular updates on the status and expected duration of the shutdown.
