With the development of the internet, communication, information access, business, and political discourse have all undergone radical change. The internet has many advantages, but it has also given governments a new tool for restraining their citizens: the habit of shutting down the internet. An internet shutdown is a planned, temporary restriction of internet connectivity within a given region or a whole country, frequently started by governmental authorities.
This phenomena , which has received more attention in recent years, raises important issues regarding the harmony between personal freedoms, national security, and the ramifications for contemporary communities. The practice of internet blackouts is a complicated subject with effects on the social, political, economic, and technological spheres. Technically speaking, shutdowns use a variety of techniques, such as banning particular websites, limiting network capacity, and completely disrupting the communication infrastructure. These techniques affect the operation of crucial services that rely on the internet and restrict the flow of information.
Internet outages can result in large financial losses from an economic perspective, especially in countries where digital platforms, online businesses, and digital services have become fundamental components of trade. Large enterprises as well as small business owners may be negatively impacted by the disruption of e-commerce, financial transactions, and digital communication networks, which can hinder economic growth and innovation.
shutdowns of the internet have a variety of social effects. The ability of people to make informed judgments and participate in intellectual conversation is hampered because access to knowledge, a hallmark of the internet era, is hindered. Additionally, these shutdowns interfere with the connectivity that social media and online platforms offer, preventing unrestricted idea sharing, teamwork, and community development. Shutdowns can exacerbate existing inequities and limit the amplitude of marginalized voices in areas where the internet has been a lifeline for marginalized groups to tell their stories and fight for their rights.
Shutting down the internet has political repercussions that are equally important. Governments frequently use justifications like upholding law and order in times of turmoil, safeguarding national security, or halting the spread of misinformation to support these acts. However, detractors contend that such actions might be employed to quell dissent, silence opposition, and erode democratic procedures. The conflict between the government’s power to censor information and people’s freedom of expression highlights the complicated moral and legal implications of internet shutdowns.
Causes of internet shutdown
- Ensuring public safety and order: In times of civil upheaval, protests, or inter communal strife, maintaining public safety and order is one of the main reasons for internet outages.
Shutdowns may be imposed by authorities to stop the transmission of false information, restrain the planning of protests, or manage possible violence.
- National security: governments may shut down the internet for the sake of security. They might think that temporarily turning down the internet will stop sensitive information from being shared, stop possible attackers from communicating, and protect vital infrastructure from cyber attacks. Internet shutdowns can be used to prevent terrorist activities, prospective threats, or to protect anonymity during essential operations in the name of national security.
- Preventing exam cheating: In order to prevent cheating and leakage of question papers during important examinations internet services are temporarily suspended. As many cases has been reported of cheating and leakage of question paper for example in Rajasthan many times internet services were temporarily suspended in REET exam.
- Curbing hate speech and fake news: Governments may use internet shutdowns as a last resort to stop the spread of false information, hate speech, and violence provocation. This is frequently done in an effort to stop the quick spread of damaging information that can cause violence or social unrest.[1]
- Civil emergency and natural disaster: Governments may impose internet shutdowns during civil crises, such as natural disasters or disease outbreaks, to control the information flow and make sure that correct and pertinent information is spread. This could lessen fear and false information.
- Power struggles and political control : Internet blackouts may be implemented in some areas as a means of establishing political control, concentrating power, or stifling resistance. Shutdowns can hinder dissenting organizations’ capacity to organize or mobilize as well as their ability to communicate with one another.
- Social media control: In order to limit the dissemination of information during important events or to address privacy and security issues, certain social media platforms or applications may be shut down.
- Political unrest and protest: Governments may impel internet shutdowns to stop the flow of information, impede the organization of protests, and restrict the ability of citizens to organize and mobilize during times of political upheaval, protests, or civic disturbances. Shutdowns can be viewed as a technique to keep things under control and stop opposition from getting out of hand.
Impact of internet shutdown
- Impacts freedom of Expression and information: The right to free expression and information is protected by Article 19(1)(a) of the Indian Constitution and Article 19 of the Universal Declaration of Human Rights, both of which are violated when the internet is shut down. They restrict people’s ability to access and share information, voice their opinions, engage in online civic discourse, and hold government officials responsible. Additionally, they hinder reporting and public awareness by interfering with the flow of information from and to locations affected by shutdowns. Shutting down the internet has significant effects on many different human rights, with the freedom of speech and access to information suffering the most immediately away. These freedoms are the cornerstones of free and democratic society, and they are essential for people’s overall growth.[2]
- Economic impact: Internet outages also have very serious financial repercussions that affect both individuals and the nation as a whole. They directly cause economic loss and unemployment, particularly for people whose livelihoods depend on internet platforms. They also affect industries that depend on internet access, such as e-commerce, online services, digital payments, education, and health care. Internet outages would cost India more than Rs 20,000 crore ($2.8 billion) in 2020, according to an estimate by Top10VPN.com, a UK-based organization dedicated to digital privacy[3].
- Social impact: It becomes more difficult for citizens to communicate with friends and relatives who live abroad or in other regions of the country. If a shutdown makes it difficult for first responders and healthcare professionals to efficiently coordinate and communicate in the case of an emergency or natural catastrophe, their activities may also be hampered.
- Political impact: governments regularly use internet shutdowns to suppress dissent, control information, and limit political opposition. Shutdowns also have a significant influence on the work of the media and journalists.
- Misinformation: According to experts, during internet outages, rumours may end up spreading even more widely in the absence of reliable information sources like news organizations. Manipur, for instance, has experienced a rise in rumours, hate speech, and fake news due to the lack of internet availability for fact-checking.
- Deepen digital divide : the digital divide between those who have access to dependable and affordable internet and those who do not is widened by internet outages. Marginalized groups like rural residents, women, people of colour, low-income households, and those with impairments are disproportionately affected. They also go against the government’s plan for a “Digital India,” which intends to give individuals more control by utilizing digital public services and infrastructure.
Legal provisions for internet shutdown
- Section 5(2) of the Indian Telegraph Act, 1885, read with Temporary Suspension of Telecom Services (Public Emergency and Public Safety) Rules, 2017: In the event of a public emergency or threat to public safety, these laws permit the union or state home secretary to order the suspension of any telegraph service, including internet. An order of this nature cannot continue longer than 15 days and must be reviewed by a committee within five days. An officer of joint secretary level or higher with permission from the union or state home secretary may issue the order in an emergency.
- Section 144 of code of criminal procedure: A district magistrate, a sub divisional magistrate, or any other executive magistrate particularly authorized by the state government may issue orders under this section to stop any annoyance or disturbance of the peace. Such orders may call for the temporary suspension of internet access in a certain location.[4]
- Section 69 A of information technology act 2000: this clause gives the federal government the authority to restrict access to any online content that it deems to be harmful to India’s sovereignty, integrity, defense, security, or friendly relations, as well as to public order, decency, or the incitement of any criminal activity. The internet as a whole is not covered by this section; rather, it only pertains to censoring certain websites or material.
Important Judgements related to internet shutdown
- Anuradha Bhasin V union of India [5]: The Supreme Court rendered a significant decision in this precedent-setting case, recognizing that the freedom of speech and the freedom to conduct trade and business over the internet are fundamental rights protected by Articles 19(1)(a) and (g), respectively, of the Indian Constitution. The court also ruled that internet shutdowns must follow the requirements of necessity and proportionality and must pass constitutional muster. The court highlighted that any limitations on internet use must be justified by pertinent material facts and be the least onerous way to accomplish the desired result. The decision established standards to ensure that internet shutdowns are not endlessly imposed, and that any order suspending internet services be publicised and subject to judicial review. The decision established an important legal precedent and framework for assessing the legality and constitutionality of internet shutdowns in India[6]
- Foundation for media professionals V union territory of Jammu and Kashmir:[7] The right to internet access is a fundamental right that must be upheld, according to the Supreme Court of India, which ordered the Jammu and Kashmir government to evaluate all current internet access limitations in this case.
- Bansashree Gogoi V Union of India: The government must immediately end the internet blockade, according to the Honorable Court’s order. The Court held that, while the situation was quiet, the government could not impose such needless limitations, but it might halt internet services in the public’s interest and for its protection.
- Faheema Shirin V State of Kerala: Such limitations were deemed to be unfair and superfluous for upholding discipline. The Court ruled that one should consider both the positive and negative elements of using a mobile device and the internet.
Prominient trends in internet shutdown within India
India topped the list for the fifth consecutive year, according to a research by Access Now and the Keep It On alliance, by enforcing as many as 84 internet shutdowns in 2022.The most internet outages occurred in Jammu and Kashmir, followed by Rajasthan and West Bengal.
In India, there were 109 internet outages in 2020 compared to 155 lockdowns worldwide, Examples of significant internet blackouts in India .The longest internet blackout, which began in Jammu and Kashmir in 2019 after Article 370 was abrogated, was ultimately removed in February 2021 after a lengthy interval of 18 months. After ethnic violence broke out in the state, the Manipur government imposed an internet ban in order to preserve law and order. Since the state’s internet was disabled, it has been more than 40 days[8]
Arguments Related to Internet shutdown
Arguments for
- Preventing Hate Speech and Fake News: Hatred and antagonism toward many religious and racial groups can be disseminated online. Internet blackouts can be used to combat xenophobic attitudes and false information.
- Internet shutdowns can be employed by the government as a last resort to deal with large-scale protests and civil unrest by preventing the spread of offensive messages and rumors that can spark violence and mayhem.
- Preventing Anarchy: In some severe cases where social media platforms turn into a source of commotion and confusion, it can be necessary to suspend internet services in order to restore peace and order.
- Authorities may argue that brief internet shutdowns are required during important public gatherings (such as sporting events or political demonstrations) in order to avoid network congestion or cyber attacks that could disrupt the event and put attendees in risk.
- Governments may claim that internet shutdowns are necessary in cases involving terrorism or extremist activity in order to thwart extremist groups’ efforts to spread their message and recruit new members.
Arguments against
- Human rights violations: In the Faheema Shirin v. State of Kerala[9] case, the Kerala High Court recognized the right to internet access as a fundamental freedom and a part of the rights to privacy and education under Article 21 of the Constitution. Disabling the internet would be a violation of fundamental rights and would limit people’s ability to interact, learn, and obtain information.
- Social Costs: Internet outages have an impact on vital services that rely on connectivity, including those in the public good, health, and education. Shutdowns of the internet also result in a digital gap and educational disparities, particularly now when online learning is increasingly important due to the Covid-19 pandemic.
- Failure to Achieve the Objective: There is insufficient proof that internet outages contribute to the maintenance or restoration of law and order. In reality, internet outages may have the opposite impact, causing people to become more resentful, frustrated, and angry.
- Shutting down the internet results in a lack of knowledge and transparency, which can also lead to panic and hysteria,causing social chaos. Additionally, it may make it more difficult for media, human rights advocates, and members of civil society to observe and report on the situation on the ground.
Suggestions
- Reforming the Legal Framework: The Telegraph Act and its regulations, which are out-of-date and ambiguous and do not adhere to constitutional and human rights standards requiring any limitation on internet access to be essential, lawful, reasonable, and time-bound, should be repealed or amended by the government. A parliamentary panel study on internet shutdowns advised that the government establish clear recommendations for state governments on when and how to apply internet limits in extraordinary circumstances.
- Respecting the Supreme Court’s Decision: In the Anuradha Bhasin case, the Supreme Court set forth the standards of reasonableness and proportionality for any internet restrictions and recognized the right to internet access as a basic right. Additionally, any orders suspending internet connection should be made public, available to the public, and open to judicial review.
- The government should look into less intrusive alternatives to shutdowns to address law-and-order issues, intergroup violence, terrorist attacks, exams, and political instability, such as blocking particular websites or content, issuing warnings or advisories, engaging with civil society and the media, or increasing the number of security personnel.
- considering the Effects of Shutdowns: The government should routinely evaluate the effects of internet shutdowns on democracy, human rights, and development. Additionally, compensation should be provided to those who incur losses or damages as a result of internet outages, particularly the most vulnerable demographics, such as rural areas, women, minorities, low-income households, and individuals with disabilities.
- Legal Oversight: Make sure that any decision to shut down the internet is subject to legal review. This can aid in preventing the arbitrary or unregulated use of shutdowns and give citizens a way to question the legitimacy of such acts.
Conclusions
The practice of shutting down the internet highlights the complex interactions between security, governance, individual liberties, and the digital environment. Internet shutdowns have wide-ranging effects that resound across technological, economic, social, and political aspects as a tool employed by governments to address diverse concerns.
Although worries about security and public safety are understandable, it is crucial to understand that the indiscriminate or regular use of internet shutdowns poses serious threats to human rights, democratic ideals, and economic advancement. Such closures have an effect on companies that depend on digital platforms, students who need online education, and people who want to exercise their right to free expression and access to information.
As technology advances, so should our approaches to security and governance. Alternative techniques, such as targeted content screening, greater digital literacy, and proactive communication during crisis situations, have the ability to address issues without resorting to harsh measures like internet shutdowns.
In the digital age, where information travels at the speed of light and connectivity is a need, the practice of internet shutdowns highlights a fundamental challenge: how to secure communities without jeopardizing the values that define them. To achieve this delicate balance, governments, technology professionals, civil society, and individuals must all work together to establish a digital landscape that respects both security imperatives and individual rights in an interconnected world.
[1] DRISHTI IAS, www.drishtiias.com/daily-updates/daily-news-editorials/digital-blackout-the-shadow-of-internet-shutdowns( last visited Aug. 12, 2023)
[2] DRISHTI IAS, www.drishtiias.com/daily-updates/daily-news-editorials/digital-blackout-the-shadow-of-internet-shutdowns( last visited Aug. 12, 2023)
[3] FORUM IAS, (Internet Shutdowns: Explained, pointwise (forumias.com)( last visited Aug.14,2023)
[4] OBSERVER RESEARCH FOUNDATION , https://www.orfonline.org/expert-speak/internet-suspension-in-india/ (last visited Aug 10, 2023)
[5] Anuradha Bhasin and Ors v union of india (UOI) and Ors.( 2020) SC 0022.
[6] IP LEADERS, Important cases related to internet shutdowns in India – iPleaders( last visited Aug. 13,2023)
[7] Foundation of Media Professionals V. Union Territory of Jammu and Kashmir (2020) SCC online SC 453
[8] STUDY IQ, www.studyiq.com/articles/internet-shutdowns-in-india (last visited Aug.14, 2023)
[9] Faheema Shirin.R.K v State Of Kerala, (2019) SC 19716.
Author: Suhani Koolwal and Sonakshi Sharma are students of Manipal university Jaipur .
