[Answered] Evaluate the role of the judiciary in ensuring the protection of fundamental rights in the digital era, with reference to the Supreme Court’s decision on internet access as a fundamental right under the Indian Constitution.

Recently, SC questioned the Union Territory of Jammu and Kashmir about the non-publication of orders for the suspension of Internet services in the UT raising concern regarding access to information via the Internet. India’s Internet restrictions also 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.

Role of the Judiciary in ensuring the protection of fundamental rights in the digital era

• Interpretation of Fundamental Rights: The interpretation of SC in Anuradha Bhasin vs Union of India, where the top court ruled that access to information via the Internet is a fundamental right under the Indian Constitution is of historic importance. The expectation was that this decision would limit the instances of Internet suspension to only those exceptional situations where there is a public emergency or a threat to public safety — the legislatively mandated prerequisites for restricting Internet access.
• Erodes trust in the judiciary: The non-publication of the orders of the top court undermines public confidence in the judiciary. The Internet is a necessity in this day and age, and restrictions without publicly disclosed reasons create a trust deficit.
• Oversight and Accountability: Courts can hold governments and private entities accountable for violating fundamental rights online through judicial review and enforcement mechanisms.
• Freedom of Expression: People’s means of expressing themselves have changed significantly in the digital age. Courts must strike a compromise between the need to control hate speech, dangerous content, and false information on the internet and the right to freedom of expression. For the courts, finding a balance between protecting free expression and averting harm is a difficult undertaking.
• Cybersecurity and Judicial Oversight: As the digital landscape introduces new challenges, such as cyber threats and online crimes, the judiciary plays a role in ensuring that measures taken to address these challenges do not infringe upon fundamental rights. Judicial oversight is crucial to strike a balance between national security concerns and the protection of individual rights.

Conclusion

The recent case highlights the need for faithful compliance with the Supreme Court guidelines on the part of the executive government to rid ourselves of the tag of the “internet shutdown capital” of the world and fulfill Digital India’s potential. Striking a balance between individual rights and legitimate state interests remains a complex task requiring careful judicial consideration.