1-March-2025-Editorial

INTERNET SHUTDOWNS

Internet shutdowns are government-imposed restrictions on internet services, often aimed at maintaining law and order. A 2024 report by the digital rights organization ‘Access Now’ revealed that the number of internet shutdowns worldwide reached a record high. Myanmar had the highest number of shutdowns, followed by India. Despite legal provisions regulating these shutdowns, concerns over their impact on fundamental rights, economy, and democracy persist.

Key Findings of the Report on Internet Shutdowns

India’s Situation

High Number of Shutdowns

• India recorded 84 internet shutdowns, making up 28% of all global shutdowns.
• Manipur experienced the most shutdowns (21), followed by Haryana and Jammu & Kashmir.
• A total of 16 states and Union Territories faced internet restrictions in 2024.

Primary Reasons for Shutdowns

• Protests: 41 shutdowns were imposed to control demonstrations.
• Communal Violence: 23 instances involved curbing tensions and riots.
• Examination Security: 5 shutdowns were enforced to prevent cheating in exams.
• Local Conflicts and Administrative Reasons: Additional restrictions were imposed for security concerns.
• Authorities often justify shutdowns to prevent misinformation, unrest, and violence.

Global Scenario

Record Number of Shutdowns

• 296 internet shutdowns were recorded worldwide in 2024, the highest ever.
• Myanmar led with 85 shutdowns, followed by India (84) and Pakistan (21).
• Together, these three countries accounted for over 64% of all shutdowns globally.

Legal Provisions for Internet Shutdowns in India

Telecommunications Suspension Rules

• Internet shutdowns in India are governed by the Telecommunications (Temporary Suspension of Services) Rules, 2024, framed under the Telecommunications Act, 2023.
• These rules replaced the earlier Telecom Suspension Rules, 2017, setting procedures for shutting down telecom services, including the internet.

Authorities Empowered to Order Shutdowns

• Union Home Secretary can impose shutdowns at the national level.
• State Home Secretaries have the power to enforce shutdowns within states.
• In urgent cases, a Joint Secretary-level officer can issue an order, but it must be reviewed and approved within 24 hours, or it will be revoked.

Judicial Precedent

• In Anuradha Bhasin v. Union of India (2020), the Supreme Court of India ruled that indefinite internet shutdowns are unconstitutional.
• The court emphasized that such restrictions must pass the tests of necessity and proportionality.
• Despite this ruling, many shutdown orders lack transparency and justification.

Concerns Regarding Internet Shutdowns

Violation of Fundamental Rights

• Curtails freedom of speech and expression (Article 19).
• Limits the right to access the internet, which has been recognized as part of Article 21 (Right to Life and Personal Liberty).

Lack of Oversight and Transparency

• The Telecommunications Act, 2023 retains provisions from the colonial-era Telegraph Act, 1885.
• There is no strict independent oversight mechanism, leading to the arbitrary use of shutdowns.

Economic and Social Disruptions

• India faced the third-largest economic loss due to internet shutdowns in 2023, amounting to USD 255.2 million.
• Businesses, students, and digital service providers suffer due to prolonged internet restrictions.

Impact on Democratic Processes

• Restrictions on digital communication affect press freedom and democratic engagement.
• Shutdowns in regions with high protest activity prevent citizens from exercising their right to dissent.

Contradiction with India’s Technological Ambitions

• Frequent shutdowns conflict with India’s aspirations to lead in Artificial Intelligence (AI), digital governance, and technological innovation.

Way Forward

Strengthening Oversight Mechanisms

• Introduce parliamentary scrutiny or an independent review body to monitor shutdown orders.
• Ensure public accountability in decision-making regarding internet restrictions.

Alternative Security Measures

Instead of blanket shutdowns, authorities can use:

• Targeted content removal to address specific threats.
• Fact-checking mechanisms to counter misinformation.
• Social media monitoring to track and control false narratives.

Law enforcement agencies should be trained in digital risk management to handle threats without disrupting internet access.

Adopting Global Best Practices

• The United Nations Human Rights Council (UNHRC) opposes arbitrary internet shutdowns and considers them a violation of human rights.
• The European Union (EU) and the United States rely on content moderation policies and cybersecurity tools instead of blackouts.

Promoting Public Awareness and Advocacy

• Civil society organizations should advocate for digital rights and demand legal reforms.
• Digital literacy campaigns can educate people on misinformation risks, reducing the need for shutdowns.

Conclusion

Internet shutdowns remain a controversial tool for maintaining law and order in India. While authorities argue they prevent violence and misinformation, their frequent and prolonged use raises concerns about fundamental rights, economic losses, and democratic freedom. Strengthening oversight, adopting alternative security measures, and aligning with international best practices can help balance security concerns with the need to protect digital rights in India.