Internet Shutdown Issues And Way Ahead

Context: India recently being termed as internet shutdown capital of world it needs deeper analysis related to shut down.

India as internet shutdown capital of the word

• India’s Internet restrictions accounted for more than 70% of total loss to global economy in 2020.
• Recent cases of internet shutdown:
  • In J&K: All Internet services had been shut down in wake of death of hard-line separatist leader Syed Ali Shah Geelani.
  • In Haryana: In five different districts following farmers’ protests.

Issues associated with internet shutdowns

• Violation of laws: Legislatively mandated prerequisites for restricting Internet access are grossly violated. Government citing unacceptable reasons like ‘provocative material on social media’.
  • Legal gap: In 2020, amended Telecom Suspension Rules, 2017 limits Internet suspension orders to a maximum of 15 days. However, it did not include an obligation on Government to publish orders nor did it include the Supreme Court’s direction to undertake periodic review of these orders.
  • Thus, the law enables Government to get away with illegal restrictions.
  • Lack of awareness: Among officials are also a reason for incorrect implementation. Eg. Section 66A of the Information Technology Act continued to be used despite Supreme Court citing it unconstitutional.
• Erodes trust: The Internet is a necessity in this day and age, and restrictions without publicly disclosed reasons create a trust deficit.
• Economic loss: In 2020, Indian economy suffered losses to the tune of $2.8 billion due to 129 separate instances of Internet suspension, which affected 10.3 million individuals.
• Journalistic use of internet is lost: Internet is also a tool to verify rumours, and enables individuals and the Government to disseminate the truth. This opportunity is lost with blanket bans.
• Social cost: Only 3% of users have access to broadband Internet and it remains costly. Thus, internet restrictions tend to adversely affect those from lower socio-economic backgrounds.

Way forward: Implement Supreme Court directives in Anuradha Bhasin vs Union of India

• Any restriction on Internet access by the Government must be temporary, limited in scope, lawful, necessary and proportionate.
• Limit the instances of Internet suspension to only those exceptional situations where there is a public emergency or a threat to public safety.