Internet Shutdown is No Cure

Context

• Nearly 3 months after an internet shutdown was first imposed across Manipur in response to the statewide violence, people in the state still do not have unrestricted access.
• It is important to assess whether the government can shut down the internet in a way that helps restore law and order but also permits beneficial use and how effective internet shutdowns have been in order to stop violence and misinformation.

 

Internet Shutdown

• Internet shutdowns may be defined as any disruption in access to the internet services most of which deals with mobile internet.
• As per the TRAI reports, more than 90% Indians access the internet through the mobiles. 

 

Recent Instances of Internet Shutdowns in India

• There have been 55 internet blockades in J&K in 2019. There were 11 internet blockades in Rajasthan in the same period.
• As per the estimates, out of the 196 internet shutdowns in 25 different countries in 2018, India saw majority count of 134.
• In terms of duration the longest running shutdown was in J&K around 5 months in 2016.
• The most recent example is Nuh district in Haryana where the administration suspended the internet amidst religious clashes.

 

Legal Provisions for Internet Shutdown

• Section 144 of CrPC
  • Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC).
  • Section 144 of CrPC gave the police and the District Magistrate the powers in order to prevent unlawful gathering of people and also to direct any person to abstain from a certain activity.
• The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules 2017
  • The 2017 Rules were notified under the Indian Telegraph Act 1885, which empowers the central government to regulate various types of telecom services including internet services and grant licenses for them.
  • The rules provide for temporary shutdown of telecom services in a region on grounds of public emergency (up to 15 days at once).
  • The authority who are able to order such directions:
    • The Secretary in the Ministry of Home Affairs(Central Government)
    • The Secretary of the Home Department to the concerned State Government(State Government)

 

Judicial Interventions and Further Amendments

• In Anuradha Bhasin vs Union of India (2020),the SC ruled that an indefinite suspension of internet services would be illegal and orders for internet shutdown must satisfy the tests of necessity and proportionality.
• The court further said:
  • Usage of the Internet is the Fundamental Right under Article 19 of the Indian Constitution.
  • Internet shutdowns can be of temporary period but not for indefinite period.
  • Government needs to publish all orders imposing restrictions under Section 144.
  • Any order with regard to Internet Shutdowns will come under Judicial Scrutiny.
• Subsequently, the Union government made some amendments to the 2017 Rules (to limit Internet suspension orders to a maximum of 15 days) in 2020.
• However, in 2021 the Standing Committee on Communication and Information Technology was not satisfied with the amendments and recommended more changes in the 2017 Rules.
• The Committee recommended reviewing the Rules –
  • to address all aspects of internet shutdown,
  • to bring them in tune with changing technology,
  • to ensure minimum disturbance to the public and
  • to issue uniform guidelines for states/UTs before ordering an internet shutdown.

 

Proposed Solution: Limited Internet Shutdowns

• One of the earliest endorsements of ‘Limited Internet Shutdowns’ is found in the litigation in the Gujarat HC in the case of Gaurav bhai Suresh bhai Vyas.
  • In its 2015 decision, the HC held that the orders were proportional because they only prohibited mobile internet access.
• Limited internet shutdowns can be restrictions for a –
  • Medium/class,
  • certain number of hours or days,
  • specific area rather than an entire state, or
  • for blocking specific websites or a class of services (such as social media or internet banking).
• Even the standing committee on IT, based on the submissions of the Department of Telecom and the SC in the Anuradha Bhasin judgment, has condoned selective bans.

 

Issues Associated with Limited Internet Shutdowns

• Restriction of internet access by medium is a form of socio-economic rationing that allows only an affluent minority access to the internet.
• Limiting access to a certain number of hours or days for specific areas can be easily repeated and extended.
• Banning virtual private networks (VPNs), social media and internet messaging applications is difficult to enforce. For instance, 80 out of the 153 permitted websites failed to load for meaningful use in J&K.
• Further, such whitelisting relies on physical verification, which gives rise to invasive surveillance such as physical stop-and-frisk measures.

 

Other Issues

• There has been no study conducted by the government of India or any state government to examine the intended objectives of internet shutdown.
• There is no assessment on the impact of internet shutdown on the economy and society and how effectively it deals with public emergencies and public safety.
• An analysis suggests that violent mobilisation seems to grow in intensity during internet blackouts as people lose the ability to peacefully protest.
• This means indiscriminate shutdowns have high social and economic costs and are often ineffective.

 

Way Forward

• In a democracy, Governments should provide a rationale for disrupting the internet services in a periodic manner.
• The publications of all the orders must be made to maintain the transparency.
• A proportionality and necessity test analysis to determine the proper course of action are essential at this juncture.
• For better internet governance the Indian civil society needs to push for a transparent and accountable system.

 

Conclusion

• The important questions are that in the absence of any evidence why the government continues to place faith in the curative powers of internet shutdowns and continues to believe in the notion that it may help save lives when ample data shows it imperils people.
• It is imperative that stakeholders reconsider the necessity and consequences of internet shutdowns to ensure a just and balanced approach to maintaining law and order.

 

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Q1) What are some reasons to impose internet shutdowns?

The Internet serves as a medium for the transmission of information through pictures, videos and texts that have the potential to cause civil unrest and exacerbate law and order. Governments impose shutdowns on the flow of information about government actions or to end communications among activists and prevent the spread of rumours and fake news.

 

Q2) What are the costs of Internet Shutdowns?

Shutdowns impact education, as students and teachers are unable to access online learning materials and tools. This can lead to a disruption of education and a negative impact on academic performance. Apart from education, Internet shutdowns also impact country's economy, health and communications

 

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Source: The Indian Express