Internet shutdowns In India (GS2)

Legal Provisions for Internet Shutdowns

1. Indian Telegraph Act, 1885:
2. Information Technology Act, 2000:
3. Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017:

• Section 5(2): Empowers the government to take control over telecommunication services or issue directions for their interception or suspension in the interest of public safety, public emergency, or national security.
• Section 69A: Allows the government to block public access to any information through any computer resource in the interest of sovereignty and integrity of India, defense of India, security of the state, friendly relations with foreign states, or public order.
• These rules provide a framework for the temporary suspension of telecom services, including internet shutdowns. Orders for suspension must be issued by the Secretary to the Government of India in the Ministry of Home Affairs or by the respective State Home Secretary.

Supreme Court Judgement

Anuradha Bhasin v. Union of India (2020):

This landmark case was filed in the aftermath of the internet shutdown in Jammu and Kashmir following the abrogation of Article 370 in August 2019.

Key Points of the Judgement:

Right to Internet: The Supreme Court held that the freedom of speech and expression under Article 19(1)(a) and the right to carry on any trade or business under Article 19(1)(g) of the Constitution also include the right to access the internet.

Proportionality and Reasonableness: The Court emphasised that any restriction on internet access must be proportionate and reasonable. It must pass the test of proportionality.

Periodic Review: Orders for internet shutdowns must be reviewed periodically, and they cannot be indefinite. The authority issuing the order must ensure that the suspension is temporary and necessary.

Transparency: The government must publish all internet shutdown orders to enable affected parties to challenge them in a court of law.

Implications

1. Judicial Oversight:
2. Economic Impact:
3. Access to Information:
4. Human Rights Concerns:
5. Examples of Internet Shutdowns:

The Supreme Court's ruling ensures that internet shutdown orders are subject to judicial scrutiny, providing a check on arbitrary actions by the government.

Internet shutdowns can severely impact the economy, especially in sectors like e-commerce, IT services, and online education. For example, the 2019 internet shutdown in Jammu and Kashmir resulted in significant economic losses.

In the digital age, access to information is crucial for citizens. Shutdowns can hinder access to essential services, including healthcare and banking, and restrict the flow of information, impacting democratic processes.

Internet shutdowns often affect the freedom of expression and the right to information. They can also hamper emergency response services and humanitarian aid operations during crises.

• Jammu and Kashmir (2019): Following the abrogation of Article 370, the region faced one of the longest internet shutdowns, lasting over five months.
• Assam (2019): During the protests against the Citizenship Amendment Act, the government imposed internet shutdowns to prevent the spread of misinformation and maintain public order.
• Delhi (2020): During the protests against the new farm laws, the government suspended internet services in parts of Delhi to control the situation.

The key legal provisions include the Indian Telegraph Act, the Information Technology Act, and the Temporary Suspension Rules. The Supreme Court's judgement in Anuradha Bhasin v. Union of India plays a pivotal role in ensuring that internet shutdowns are subject to judicial scrutiny, are proportionate, reasonable, and transparent. The implications of internet shutdowns are vast, affecting the economy, access to information, and human rights, with notable examples in recent years highlighting the issue's significance.