Making the Internet disappear: 

Making the Internet disappear: 

Context

• Courts must take into account the exceptional character of Net shutdowns and their impact on civil liberties

What does the law states?

• The High Court of Gujarat set the precedent by invoking Section 144 of the Code of Criminal Procedure (CrPC) to uphold an Internet shutdown.
• Section 144, which has its roots in the colonial-era British police-state, authorizes prohibitory orders to “prevent obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.

Is the ban on the Internet legit?

• Perhaps realizing that Section 144 of the CrPC was a poor peg on which to hang Internet shutdowns, in August 2017, the government notified certain “Suspension Rules”, taking the cover of yet another colonial law — the Telegraph Act of 1885.
• While these rules were meant to bring transparency and clarity to the procedure through which Internet services were suspended, they remain deeply problematic in themselves.

How often has the government banned internet so far?

Jammu and Kashmir

• The valley has led the list in facing the most number of internet shutdowns in India.
• In total the valley has seen around 40 internet shutdowns since 2011.

Rajasthan

• India’s largest state by area and known for its forts and palaces has seen 3 internet shutdowns so far in 2017.

Haryana

• The state has seen 5 shutdowns so far in 2017.

Uttar Pradesh

• Internet services have so far been suspended for 2 times in the state. In June 2017, after the main accused of the Saharanpur violence was arrested, internet services were shut down across the entire district for two days.

Odisha

• So far internet services have been taken down 2 times in 2017.

What are the new rules legislated that allow Internet ban?

• The communication ministry has issued new rules that allow the government to temporarily shut down phone and internet services during a “public emergency” or for “public safety”
• The new rules were notified by the Department of Telecommunications on August 8. They don’t clearly define “public emergency” or “public safety”.

What can be the consequences of such bans in a democracy?

• The Constitution of India provides the right to freedom of speech and expression in Article 19 of the constitution.
• The constitution of India does not specifically mention the freedom of press. Freedom of press is implied from the Article 19(1)(a) of the Constitution. Thus the press is subject to the restrictions that are provided under the Article 19(2) of the Constitution..
• However, Freedom of speech and expression is not absolute. As of now, there are 8 restrictions on the freedom of speech and expression. These are in respect of the sovereignty and integrity of the country. These 8 restrictions were:
  Security of the state
  Friendly relations with foreign states
  Public Order
  Decency or morality
  Contempt of Court
  Defamation
  Incitement to offence
  Sovereignty and integrity of India.
• A blanket ban on the internet infringes the Right to expression as guaranteed under the constitution of India.
• Moreover, the constitutional validity of imposing internet shutdowns, especially under Section 144 of the CrPC is not legit since it does not contain the appropriate legal power to order a suspension of Internet services
• In that context, any internet shutdown should really take place under Section 5(2) of the Telegraph Act and Section 69A of the Information Technology Act.
• Such a ban contradicts with the very essence of the Indian democracy

What is the suggested way ahead?

• The courts must take into account the exceptional character of Internet shutdowns and their impact on core civil liberties before validating them.
• The notion that the government must have the ability to control the Internet in order to preserve law and order further disempower the individual against the state, and achieve a temporary illusion of security at the cost of a permanent loss of freedom.
• Designating certain officers who can authorize Internet shutdowns and form a “review committee”, whose scope shall be limited to deciding whether the declaration was valid or not shall make the ban more legit