INTERNET SHUTDOWN IN INDIA – SOCIAL ISSUE

News: India leads in Internet shutdowns, but lacks tool to assess impact

 

What's in the news?

       Recently, the Punjab Government suspended mobile Internet and SMS services for over four days while conducting an operation to apprehend Amritpal Singh, a pro-Khalistani preacher.

       The Government stated that this action was taken to ensure public safety, prevent instigation of violence, and maintain peace and order.

 

Key takeaways:

India’s share in Global Internet Shutdowns:

       The issue of Internet shutdowns in India is of great significance, as per Access Now, a non-profit organization that defends digital rights, 60% of all Internet shutdowns recorded worldwide between 2016 and 2022 occurred in India.

       The number of shutdowns recorded by Access Now in India and globally, with India’s share ranging between 40% to 70%.

       India has recorded the highest number of shutdowns over the past five years, with a significant gap between India and the country ranked second.

       It is worth mentioning that Internet shutdowns are rarely, if ever, imposed in most regions of Europe, North and South America, and Oceania.

       However, they are quite prevalent in Africa and Asia.

 

Internet Shutdowns in India across States:

       The Software Freedom Law Center (SFLC) maintains a record of Internet shutdowns in India and has reported eight such instances in the state of Punjab.

       According to the SFLC’s data from 2012 to March 2023, the number of Internet shutdowns that occurred in each state, with only six shutdowns recorded in southern states combined.

       Kerala did not report any instances of an Internet shutdown.

       With the exception of Himachal Pradesh, Mizoram, and Sikkim, all other states have reported at least one Internet shutdown.

       Jammu and Kashmir, Rajasthan, and Uttar Pradesh recorded the highest number of shutdowns.

       The shutdown in Kashmir after Article 370 was the longest ever in any democratic country.


What is meant by Internet Shutdowns?

       Internet shutdowns may be defined as an intentional disruption of internet or electronic communications for a specific population or location, to exert control over the flow of information.

       Internet shutdowns can happen at a national level, where users across the entire country cannot access the Internet, or at a subnational (local) level, where mobile and fixed Internet access in a state, city, or other localized area is cut off.

       India tops the list of Internet shutdowns globally and has been tagged as the capital of the world internet shutdown.

 

Legal Provisions for Internet Shutdown in India:

Legislative provisions on suspension of Internet services are dealt with under the Information Technology Act, 2000, the Criminal Procedure Code (CrPC), 1973 and the Telegraph Act, 1885.

1. Indian telegraph act 1885:

       Section 7 of the Act has been amended to include temporary suspension of telecom services (public emergency and public safety) rules.

       As per the rules, only the home secretary of the union or the state can issue such an order. It has to be reviewed by a committee within 5 days. Such an order shall not be in operation for more than 15 days.

2. Powers under Section 144 CrPC:

       In an unavoidable circumstance, the order can be issued by an officer of the rank of joint secretary or above, authorized by the union or state home secretary.

3. Section 69(A) of the Information Technology Act 2008:

       It gives the Government power to block particular websites and not the internet as a whole.

 

Judicial Pronouncements:

1. SC Ruling on J&K:

In January 2020 the Supreme Court while ruling on Jammu and Kashmir Internet shutdown made the following observations such as

       Internet shutdowns can be for a temporary period but not for an indefinite period.

       Government is to publish all orders imposing restrictions under Section 144.

       Freedom of speech and expression through the medium of the internet is a fundamental right under Article 19(1)(a) of the Constitution.

       The Court had also said that any order with regard to Internet Shutdowns will come under Judicial Scrutiny.

       Freedom of trade and commerce through the internet is also a constitutionally protected right under Article 19(1)(g).

2. Kerala high court’s judgement in Faheema Shirin v/s State of Kerala, where the right to internet access was recognized as a fundamental right forming a part of the right to privacy and the right to education under Article 21 of the constitution.

3. Anuradha Bhasin vs Union of India, where the top court also ruled that any restriction on Internet access by the Government must be temporary, limited in scope, lawful, necessary and proportionate.

 

Need for Internet Shutdowns:

1. Deterrent to hate speech and fake news:

       The internet has become a medium for spreading animosity and hatred against various religious and ethnic groups.

       Xenophobic tendencies can be effectively tackled.

2. Ensure peace and stability:

       Internet shutdowns may be seen as a preventive measure used by the law & order administration as a last resort to address mass protests, and civil unrest, curbing the spread of misinformation so as to ensure peace and public safety.

3. Avoid anarchy:

       In certain extreme situations where rumours through WhatsApp and other social media start playing a disruptive role, it may become necessary to have internet shutdowns.

 

Concerns of Internet Shutdowns:

1. Human rights violations:

       Kerala high court’s judgment in Faheema Shirin v/s State of Kerala, where the right to internet access was recognized as a fundamental right forming a part of the right to privacy and the right to education under Article 21 of the constitution.

2. Economic Cost:

       As per a recent report by UK-based privacy and security research firm Top10VPN, Internet shutdowns in 2020 cost India $2.8 bn, almost 70% of the total loss of $4 bn to the world economy.

       India lost over $1.3 billion in internet shutdowns across the country in 2019 - making it the third-most economically affected country after Iraq and Sudan.

3. Social cost:

       Essential services like education, health, public services, etc are held back. Internet shutdown is also causing a digital divide and disparity in education, especially in the instances of the COVID-19 pandemic.

4. Fails to achieve the objective:

       There is no conclusive evidence showing that Internet shutdowns lead to maintenance or restoration of public order.

5. Social chaos:

       Shutting the internet results in an information blackout that can also create hysteria, and panic and can result in even more discord.

6. Affects India's image globally:

       According to a report published by the UN High Commissioner for Human Rights last year, long-standing connectivity restrictions in Kashmir have had a negative impact on remote education, which in turn affects student's learning which in turn negatively affects India's global soft power image.

 

Recommendations of Standing Committee on Communications and Information Technology:

       It should be noted that the Indian central government does not compile data on Internet shutdowns imposed by state governments.

       In fact, the Standing Committee on Communications and Information Technology had recommended the collection of centralized data on Internet shutdowns, which was presented in its report on “suspension of telecom/Internet services and its impact” in 2021.

       The Committee had stressed on the importance of documenting the reasons, duration, decision of the competent authority and review committees for each Internet shutdown, and making the information public.

       The Committee also criticized the use of internet shutdowns as a substitute for maintaining law and order.

       In 2020, the Supreme Court stated that internet suspensions should be proportionate and not extend beyond the necessary duration.

       However, the Committee found the replies of the Department of Telecommunication and the Home Ministry on the test of proportionality and the procedure for lifting a shutdown to be vague and lacking clarity.

 

Way Forward:

       Internet shutdowns may only be used as a last resort by taking into account the cost-benefit analysis.

       All governments should document the reasons, time, alternatives considered, decision-making authorities, and the rules under which the shutdowns were imposed and release the documents for public scrutiny.

       Frequency of Internet shutdowns may be given more weightage in determining the ease of doing business.