Should Internet shutdowns be used to maintain public order?

Source: The post is based on the article “Should Internet shutdowns be used to maintain public order?” published in “The Hindu” on 7th July 2023.

Syllabus: GS 3 – Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges.

News: Between 2016 and 2022, 60% of Internet shutdowns across the world took place in India.

Why India has more Internet shutdowns than any other country?

Around 40-50% of these shutdowns are implemented due to communal tensions.

Many shutdowns are enforced during protests to curb dissent and maintain public order.

Some are even imposed to prevent cheating during exams, and many during religious processions.

What is the constitutional and judicial view on the internet shutdown?

India’s Constitution does not directly address the issue of Internet shutdowns, but various provisions indirectly relate to it and have been interpreted by the judiciary in several important rulings.

Article 19 (Freedom of Speech and Profession): Article 19 of the Indian Constitution guarantees all citizens the right to freedom of speech and expression, and the right to practise any profession. These rights have been interpreted to encompass the freedom to access the Internet. In several rulings, the Indian Supreme Court has held that the right to access the Internet falls under the scope of Article 19.

Article 21(Right to Life and Liberty): Article 21 protects the right to life and personal liberty. Over the years, this has been interpreted by the courts to include the right to education and the right to access the Internet, among others. The Supreme Court, in the Anuradha Bhasin and Faheema Shirin rulings, has underscored the importance of preserving Internet access as an extension of the rights under Article 21.

Judicial interpretation and guidelines: The Supreme Court has ruled that Internet shutdowns should be temporary, limited in scope, lawful, and proportionate. These guidelines aim to balance the need for maintaining law and order and preserving individuals’ rights to freedom of speech, profession, and personal liberty.

What are the legal provisions related to internet shutdown in India?

India’s legislation does not directly address Internet shutdowns, but several legal frameworks are used to govern the practice.

Section 144 of the Code of Criminal Procedure (CrPC): This section allows district authorities to issue orders in urgent cases of nuisance or apprehended danger. However, after Anuradha Bhasin judgment by the Supreme Court, there has been a shift towards imposing Internet shutdowns under the more specific Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, rather than the broader and more general Section 144.

The Information Technology Act, 2000: The law allows for the blocking of websites that present threats to national sovereignty, integrity, or defence. This Act is often invoked as a legal basis for some Internet shutdowns, though the Act itself was designed for website blocking rather than entire network shutdowns.

Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017: It is the primary piece of legislation that governs Internet shutdowns in India. According to these rules, Internet services can be temporarily suspended in cases of public emergency or for public safety. The order for a shutdown must come from a government official not below the rank of a Joint Secretary to the Government of India, and a review committee must assess the situation within five working days.

Read more: Internet shutdowns in India: impacts and way forward

What are the impacts of the internet shut down?

Economically, they can be devastating. Many businesses, particularly those reliant on the Internet, can be severely impacted, leading to lost revenues and potentially, job losses.

In terms of education, prolonged shutdowns can hinder students’ access to online learning materials and opportunities, potentially costing them scholarships or even academic years. This impact has become even more pronounced with the rise of digital education during the COVID-19 pandemic.

Healthcare services can also be affected, as telemedicine and online health information become inaccessible during a shutdown. Additionally, essential services like food delivery or digital payments can be disrupted, affecting people’s everyday lives.

Moreover, the restriction on the free flow of information can curtail freedom of speech and expression, affecting democratic processes and potentially leading to human rights violations.