Internet Shutdowns Warrant Fresh Legal View

Context: While Internet shutdowns remain as a necessary evil, it is important to address the various emerging nuances, issues and aspects of Internet shutdowns. 

Importance of access to Internet

• Essential element of enjoying the right to life: Under Article 21 of the Constitution, the fundamental right to life includes the right to a dignified life and not mere animal existence.
  • Internet is central lifeline of day-to-day life.
• Internet is repository of wisdom and knowledge for humanity as a whole.

Reasons for which access to Internet are denied: by the governments of sovereign countries.

• To check cybercrime and criminal activities in the physical world.
• To restore public order and prevent cognisable offences, which are likely to be committed.
• For the interest of sovereignty, integrity, security of the state.
• Maintaining friendly relations with foreign states.

Legal provisions under Section 69A of Information Technology (IT) Act, 2000: to enable Internet shutdown

• Features:
  • Blocking Information: it has no direct provision to deal with Internet shutdowns, but have provisions for blocking of information.
  • Powers of central government: to direct any agency to block for public access or caused to be blocked for public access any information generated, received, stored or hosted on any computer.
  • Grounds for blocking access is limited: Like interest of sovereignty and integrity of India, defence and security of the state, friendly relations/public order/for preventing incitement offences.
  • Constitutional validity: has been upheld in Shreya Singhal Case.

Way Forward: For bringing in more accountability and transparency with regard to Internet shutdowns. 

• Follow the principles established by law: for taking away access to Internet.
• More transparency: For e.g. Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 stipulated various procedures and safeguards pursuant to which said blocking for access by the public may be carried out.
• Define the principles resorted to for invoking the power of Internet shutdown: by amending the laws and rules (IT Act has been awaiting amendment for the past 12 years).