News & Data
1. Access Now and #KeepItOn Report:
A comprehensive report was conducted by the International Digital Rights Organization, Access Now, in conjunction with the #KeepItOn hashtag grouping—a coalition spanning over 105 countries. Key findings from the report include:
India's Global Standing: India emerged as the leader in documented internet shutdowns globally in 2022, with at least 84 disruptions recorded.
Historical Data: Since 2016, India has accounted for approximately 58% of all documented shutdowns worldwide, highlighting a persistent issue.
- State-Level Shutdown: Manipur Case Study
In the state of Manipur, an indefinite internet shutdown was imposed, presenting a myriad of socio-economic and political ramifications. The disruption affects daily life, stifles business operations, and hampers the dissemination of crucial information among the populace.
Economic Impact of IS
Brookings Institute Study
A notable study by the Brookings Institute sheds light on the economic toll of internet shutdowns in India. Key points include:
2016 Economic Loss: The study estimated that in 2016, the economic loss due to internet shutdowns in India amounted to around $968 million, nearing a 1-billion-dollar economic detriment. This figure underscores the significant financial implications tied to internet disruptions.
Definition
An Internet Shutdown is characterized by the intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, often to control the dissemination of information. This can be implemented for a specified duration, targeting a particular demographic in a specific location, or extended to an entire region.
Such a practice is also referred to as Digital Blackouts, Kill Switch, or Digital Curfews, indicating the cessation of digital activities.
In the context of the Fourth Industrial Revolution (4IR), where India is emphasizing a digital economy to reach a 5 trillion economy goal, internet shutdowns emerge as a critical issue. Amidst India's current paradigm shift towards a digital economy, understanding and addressing the implications of internet shutdowns is imperative.
Legal Framework
- Temporary Suspension of Telecom Services Rules 2017:
Enacted under the Indian Telegraph Act, this regulation outlines the procedures and authority for ordering the temporary suspension of telecom or internet services in instances of public emergency or to ensure public safety.
- Internet Shutdowns Under Section 144 CrPC:
In India, internet shutdowns are imposed under Section 144 of the Criminal Procedure Code (CrPC), where a District Magistrate can issue orders in urgent cases of nuisance or apprehended danger.
- Information Technology Act (IT Act):
Section 69A of the IT Act empowers the Government of India to block websites in the interest of the sovereignty, security of the state, public order, or to maintain law and order.
The existence of a legal framework is the first component of a three-fold test laid down by the Supreme Court Puttaswamy Case to assess the legitimacy and necessity of such digital restrictions
SC Cases
Supreme Court Ruling in Anuradha Bhasin Case:
In the Anuradha Bhasin case, the Supreme Court of India affirmed that the Freedom of Speech and Expression (FoSE) and the Freedom to Carry out Trade, Profession, and Business through the medium of the Internet are protected under Article 19(1)(a) and Article 19(1)(g) of the Constitution, respectively.
However, the Court also noted that such freedoms can be subjected to restrictions, provided they are founded on reason and adhere to the principle of proportionality, ensuring that the measures taken are not excessive or overly broad in scope, and are necessary to achieve the intended objective.
Arguments
Arguments For:
Internet shutdowns, as reasonable restrictions, are crucial for maintaining public order and national security as stipulated under Article 19(2) of the Constitution.
Arguments Against:
The potential for misuse and overreach in the implementation of internet shutdowns can infringe on individuals' fundamental rights and stifle the free flow of information.
- Potential for misuse of social media
- External Propaganda on Social Media
- To ensure the National Integrity of the Nation
Suggestions
- #keepiton NGO
To review the legal framework by inviting feedback from all stakeholders
maintain and publish official data on internal shutdowns
follow SC's judgment or comply with SC's direction in Anuradha Bhaisni's case. The suggestion was that the principle of proportionality should be employed
- Suggestion by Parliamentary standing committee
It criticized state governments for using internet shutdown for routine policing
it recommended putting in place a mechanism to decide on the merit of internet shutdown.
follow the model of selective restrictions
- Bangalore Police Model
When BLR faced communal stride in the city, Instead of shutting down the internet police used social media to counter fake news rumors and spread information
- Initiative of K Phone by Kerala Govt
Kerala Fibre Optic Network, here state govt is promoting internet as a basic right and to reduce the digital divide by ensuring high-speed broadband internet access to all
Analysis
Effectiveness
John Rydzak, among other scholars, propounds the theory of Disconnective Action, arguing that internet shutdowns are ineffective in quelling unrest. Rydzak suggests that people might resort to alternative means of violence that require less communication and coordination due to internet shutdowns, thus failing to achieve the desired pacification.
Moral Standpoint
The United Nations Human Rights Council (UN HRC) has voiced concerns over internet shutdowns, labeling them as a collective punishment that is morally wrong.
Economic Impact
A study by Brookings has quantified the economic loss to India due to internet shutdowns at 960 million dollars. Various sectors like E-Commerce, the gig economy, and financial institutions are adversely affected by such disruptions.
Socio-Economic Disparities:
Internet shutdowns disproportionately affect the underprivileged sections of society. For instance, the geo-tagging requirement and online attendance marking under the MNREGA scheme are hindered during internet shutdowns, causing livelihood losses for the poor.
Gender-based Disparities:
Internet shutdowns have a disproportionate impact based on gender, especially when it comes to reporting abuse. The lack of internet access hampers the ability to report and address abuse.
Healthcare:
The healthcare sector, particularly telemedicine and other online health services, faces setbacks during internet shutdowns, impacting the timely delivery of healthcare services.
Political and Social Impact:
Concerns have been raised regarding the usage of internet shutdowns as a first option rather than a last resort to address issues. This approach has broader social and political ramifications.
Legal Aspect:
The Supreme Court of India has not yet recognized the right to the Internet as a fundamental right and is yet to make a definitive ruling on the matter.
Conclusion:
IS should be used as the last resort is being used as a first resort
The debate on internet shutdowns continues with arguments revolving around national security, economic impact, and fundamental rights. A balanced approach that considers both security concerns and the rights of individuals is essential to move forward in this digital age
Question for Practise
Reflect on the prevalence of Internet Shutdown in India. Discuss whether such actions infringe on the FR. Are there any circumstances where internet shutdowns could be justified under constitutional law
Answer Structure
- Define what is IS
- DPI Rights
- Some FR’s to be put here