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INTERNET SHUTDOWNS IN INDIA

2021 FEB 26

Mains   > Polity   >   Executive   >   Fundamental rights

WHY IN NEWS:

  • As per a recent report by a UK-based privacy and security research firm, internet shutdowns in 2020 cost India $2.8 billion, almost 70% of the total loss of $4 billion to the world economy.

CONCERNS:

  • Increased frequency of such measures:
    • India shuts down Internet services more than any other democracy in the world. The past four years have seen over 400 such shutdowns
    • Internet has been shut down in Kashmir for long period of 223 days - the longest Internet shutdown across the world — since the abrogation of Article 370
  • Vague provisions:
    • Indian laws have vague provisions for suspending telecommunication services, including the Internet, during times of public emergencies
  • Curbing free speech:
    • Constitutionalism envisages limited powers to the government in power. Internet shutdowns may violate the citizen’s rights under Article 19 of the Constitution.
    • Also such shutdowns are against the Supreme Court’s verdict in Shreya Singhal case, in which the Court recognised the internet as an essential medium to further our constitutional right to freedom of speech and expression.
  • Economic losses:
    • According to Software Freedom Law Centre (SFLC), there is a collective loss of 16,000 hours to Internet shutdowns in India.
    • This has led to a loss of $3 billion to the Indian economy.
    • White-collar employment sectors, including IT, financial and consulting services >> rely on internet >> shutdowns will freeze economic activity
  • Criticism from rights groups:
    • UN rights groups >> "shutdowns are a form of collective punishment for people, and an overreach of governments on citizens’ rights and liberties"
  • Affecting gig economy:
    • Gig economy workers or freelancers (workers in Ola, Uber, Swiggy, Zomato etc) are most affected because their nature of work is heavily relied on internet connectivity as opposed to permanent jobs
  • Increases inequality:
    • Blanket bans on digital connectivity during the COVID-19 crisis may breed deep-rooted societal difficulties. The most vulnerable among us may be cut off from health and welfare alerts
  • Breaks in vital digital services:
    • Including health services
  • Impact of education:
    • Students may lose access to avenues of learning
  • Affect free press:
    • Journalists may find it impossible to do ground-reporting from already volatile areas.

ARGUMENT IN FAVOR OF INTERNET SHUTDOWNS

  • Prevent hate speech, fake news etc:
    • Official rationales for shutdowns includes combating fake news, hate speech, and related violence, securing public safety and precautionary measures such as preventing cheating during exams etc.
  • Ensure peace and public stability:
    • Internet shutdown acts as a preventive measure used by the law & order administration as a last resort to address mass protests, civil unrest, curbing the spread of misinformation so as to ensure peace and public safety.
    • Governments are faced with sometimes challenging situations that may threaten public order and national security.
  • Avoid disruptive role:
    • In certain extreme situations where rumours through WhatsApp and other social media start playing a disruptive role, it may become necessary to have internet shutdowns.
  • National Interest:
    • The internet cannot be independent of national sovereignty. Therefore, the necessary regulation of the internet is a reasonable choice of sovereign countries based on national interests.

THREE LAWS THAT DEAL WITH SUSPENSION OF INTERNET SERVICES:

  • Telegraph Act, 1885:
    • In 2017, the central government notified the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules under the Telegraph Act to govern suspension of Internet.
    • These rules derive their powers from Section 5(2) of the Indian Telegraph Act, which talks about interception of messages in the “interests of the sovereignty and integrity of India”.
  • Criminal Procedure Code (CrPC), 1973:
    • Before 2017, Internet suspension orders were issued under section 144 of the CrPC.
    • Despite the 2017 rules, the government has often used the broad powers under Section 144.
  • Information Technology Act, 2000
    • The IT Act has provided limited power to the government to issue individual web content blocking orders, instead of a larger suspension of interest itself.

COURTS ON INTERNET RIGHTS:

  • Supreme Court had declared in January 2020 that the right to access the Internet is one of our fundamental rights, alongside the freedom to carry on any trade, business or occupation over the medium of Internet, under Article 19.
  • Supreme Court has delivered the verdict on petitions challenging the internet shutdowns in Jammu and Kashmir after the revocation of provisions of Article 370
  • Further the court recognized that the ‘Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules 2017’ are the only procedure to be followed to suspend Internet services in the occurrence of a “public emergency” or for it to be “in the interest of public safety”.

WAY FORWARD

  • Identify best practices around the world:
    • Governments should identify best practices in addressing issues at their source, prioritizing alternative measures to Internet shutdowns.
  • Proper impact assessment:
    • Governments need to do a cost-benefit analysis of the impact of the cost of Internet shutdowns before taking such action.
  • Need for a comprehensive framework:
    • Government needs to clearly lay down a comprehensive framework, stating the conditions behind such Internet shutdowns.
  • Data dissemination:
    • Government should document the reasons, time, alternatives considered, decision-making authorities and the rules under which the shutdowns were imposed and release the documents for public scrutiny.

PRACTICE QUESTION:

Q. ‘Democratic governments must find a way other than internet shutdowns to balance civil liberties and security’. Comment