Internet Freedom in India
Short Notes or Revision Notes
Question : Examine the landscape of internet freedom in India with a focus on state-imposed shutdowns.
Context:
- India leads globally in internet shutdowns, accounting for 60% of worldwide blackouts.
State-Imposed Shutdowns
- Reasons: National security & public order threats.
- Examples: Protests against CAA (2019), Article 370 abrogation (2019), Farm Bills (2020).
- Economic Impact: Over 70% of global shutdown losses in 2020.
- Region Most Affected: Jammu and Kashmir
Legal Provisions
- Grounds: “Public emergency” or “public safety” (Indian Telegraph Act).
- Lacks definition of these terms.
- Pre-2017: Shutdowns under CrPC Section 144 (unlawful assembly).
- Post-2017: Temporary Suspension of Telecom Services Rules (2017).
Anuradha Bhasin v. Union of India Case (2020)
- Supreme Court Ruling: Indefinite shutdowns unconstitutional.
- Section 144 cannot be used to suppress protests.
- Key Highlights:
- Internet access is a fundamental right (Article 19).
- Shutdowns must be temporary, not indefinite.
- Orders imposing restrictions require publication.
- Judicial scrutiny of shutdown orders.
Arguments for Shutdowns (Government)
- National Security: Prevent misinformation, coordinate unlawful activities, address security threats.
- Temporary & Targeted Measures: Address specific concerns, not long-term access.
- Preventing Unrest & Violence: Disrupt online organization of protests and riots.
- Countering Fake News: Limit online spread of misinformation during crises.
Arguments Against Shutdowns (Critics)
- Freedom of Expression Violation: Infringes on the right to free speech.
- Global Image & Investment: Hurts India’s image and discourages investment.
- Human Rights Concerns: Limits access to information, free speech, and peaceful assembly.
- Economic Disruptions: Creates significant economic losses for the growing digital economy.
- Educational Challenges: Disrupts access to online learning resources and communication.
- Lack of Transparency: Government needs clearer justifications and communication.
Conclusion
- Democracies need justifications for internet shutdowns.
- Transparency is crucial through order publication.
- Indiscriminate shutdowns are costly and ineffective.
- Civil society needs to push for a transparent and accountable system for better internet governance.
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