Internet Shutdowns in India: Explained, pointwise

Introduction

Recently, the nation was shaken by a viral video depicting sexual violence by a mob in Manipur, which emerged on the internet more than two months after the incident. During this period an Internet shutdown has continued in the state. Several experts argue that the internet shutdown has hidden the violence occurring in Manipur. As per media report India had maximum number of internet shutdowns and has emerged as the internet shutdown capital of the world. While reasons cited for these shutdowns include controlling hate speech, misinformation, and harmful content, state governments have ordered them for various reasons, including routine policing and administrative purposes, such as preventing cheating in exams and addressing local crime. Given these circumstances, a more thorough examination of the issue of internet shutdowns becomes imperative. 

What are the legal provisions for internet shutdown?

Until 2017, India did not have a codified law to order internet shutdowns. The power to do so was vested in district magistrates under Section 144 of the Code of Criminal Procedure. 

Section 5 of the Indian Telegraph Act of 1885 can be interpreted broadly to mean that the government has the power to impose internet shutdowns. 

In 2017, Temporary Suspension of Telecom Services (Public Emergency or Public Safety) rules, 2017 to order internet shutdowns were introduced under the Act. These rules stated that internet shutdowns can now only be ordered by the home secretary of the union or state governments.  

Under the 2017 rules, shutdowns could be ordered where “necessary” or “unavoidable”, during a “public emergency” or in the “interest of public safety”. 

What does the Supreme Court say on internet shutdown? 

In 2020, the Supreme Court, in the landmark judgement in the Anuradha Bhasin versus Union of India case, provided a detailed set of guidelines to regulate internet shutdown orders. 

The Court held that freedom of speech and expression and freedom of trade and commerce through the medium of the internet are constitutionally protected rights under Articles 19(1)(a) and Articles 19(1)(g). 

The apex court ruled that an indefinite suspension of internet services would be illegal and that orders for internet shutdown must satisfy the tests of necessity and proportionality. 

The Court held that though the Government was empowered to impose a complete internet shutdown, any order imposing such restrictions had to be made public and was subject to judicial review. 

Because of this judgment, the 2017 rules were revised in 2020, making it obligatory that any suspension order issued must not remain in effect for more than 15 days. Furthermore, all such orders must be made public. 

What are the concerns with the 2017 rules on internet shutdown? 

Conflict of interest: According to the rules, the oversight of internet suspension is assigned to the Review Committee, which consists entirely of executive members. This arrangement creates a conflict of interest because it concentrates the authorization, conduct, and review functions within a single arm of the government machinery. 

Toothless committee: The Review Committee is empowered to only to “record its findings” but not set aside an illegal suspension order, thus making it a toothless committee. 

Unreasonable timeline: The Review Committee is given five days for the review. This is not reasonable since most internet shutdowns run for less than five days.  

Grounds for suspension of telecom services: Under the 2017 Rules, telecom/internet shutdowns may be ordered on grounds of public emergency and public safety. But public emergency and public safety have not been defined in the 1885 Act or the 2017 Rules.   

What are the impacts of internet shutdown? 

Impact on Human Rights: Internet shutdowns have deep implications on various human rights, with the most immediate impact being on freedom of expression and access to information. These rights serve as cornerstones of free and democratic societies, and they are crucial for the holistic development of individuals. 

Economic impact: The frequent internet shutdowns are harming sectors primarily dependent on internet services such as e-commerce, tourism, and I.T. services. Shutdowns may lead to the disruption of financial transactions, commerce, industry, labour markets and the availability of platforms for the delivery of services. Moreover, shutdowns create a climate of uncertainty for investment, which can prove disastrous for companies and for start-up ecosystems. 

According to data from Top10VPN, the total economic impact of internet shutdowns in India has reached Rs 2,091 crore in just the first half of 2023. In contrast, the total cost of internet shutdowns for all of 2022 was Rs 1,510 crore.  

Disproportionate impact on marginalized communities: According to a joint report by Human Rights Watch and Internet Freedom Foundation, marginalized communities have become particularly vulnerable during internet shutdowns. This is because under “Digital India”, internet has become essential for access to government welfare schemes for social protection, including NREGA, and public distribution system under the Food Security Act, and for e-governance in rural areas. For example, ration shops now require internet for Aadhaar authentication before providing subsidized food grains under the National Food Security Act. 

Social impacts: It becomes harder for citizens to contact family members and friends in other parts of the country, or in other countries. The efforts of first responders and healthcare providers can also be hindered if a shutdown prevents their ability to effectively coordinate and communicate in the event of an emergency or natural disaster. 

Political impacts: Governments frequently resort to internet shutdowns as a means to stifle dissent, control information, and restrict political opposition. Additionally, shutdowns profoundly impact the work of the media and journalists. 

Misinformation: Experts believe that in the absence of credible information sources like news outlets, rumours can actually end up spreading even more during internet shutdowns. For example, without access to the internet to verify facts, Manipur has seen widespread rumours, hate-mongering, and fake news. 

What should be done? 

The Standing Committee on Communications and Information Technology has made several recommendations in this regard. Some of them are: 

Clear parameters must be established to define what constitutes a public emergency and public safety. Additionally, an effective mechanism should be implemented to evaluate the merit of an internet shutdown.    

The review committees should be made more inclusive by including non-official members such as retired judges and public members.   

Internet shutdowns in their current form prohibit access to all types of information and services on the internet.  The government should formulate a policy to selectively restrict the use of certain services instead of banning the internet as a whole.  This will ensure minimum inconvenience to the general public and at the same time, meet objectives such as curbing misinformation.    

A study should be conducted on the impacts of internet shutdowns and their effectiveness in dealing with public safety and public emergencies.  The government should also conduct a study analysing internet shutdown rules in other democratic countries and adopt best global practices that suit the specific context of India.   

Sources: PRS, HRW, ORF