INTERNET SHUTDOWNS IN INDIA
An internet shutdown is an intentional disruption of the internet, making it inaccessible for a specific population or within a location, often to exert control over the flow of information.
Legal Provisions for Imposing Internet Shutdown
- The IT Act, 2000: Section 69(A) of the IT (Amendment) Act, 2008 gives the government powers to block particular websites, not the Internet as a whole.
- Telegraph Act, 1885: Under this, the government has the power to block the transmission of messages during a public emergency or for public safety.
- Temporary Suspension of Telecom Services Rules 2017: State can suspend telecom services in case of public emergency or public safety and also suspend Internet services up to a period of 15 days at once.
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Impact of Internet Shutdowns
- Economic Impact
- Impedes growth: Shutdowns have led to a loss of $3 billion to the Indian economy (Top10VPN Report).
- Impact on Gig Economy: E-commerce sector, online food and cab services, online banking all suffer due to restrictions on the internet.
- Loss to digital enterprises: Those operating their services digitally lose out on revenue and business.
- Dual impact of Pandemic: Pandemic saw an excessive reliance on digital services, which could not be obtained in situations of internet shutdowns.
- Social Impact
- Social welfare is neglected: Affects essential services like healthcare and social security activities conducted digitally.
- Community Isolation: It drastically disrupts the daily life of ordinary citizens and they might feel isolated from their community and disconnected from the rest of the world.
- Curbs education: A vast population relies on the internet for education, especially in geographically isolated areas, and shutdowns cut them off completely from the educational process.
- Restricts Banking services: Where locals are very dependent on the transfer of remittances, internet shutdowns can affect the sending and receiving of essential cash supplies.
- Technical risks: It exposes users to privacy and security risks. For example, when people turn to untrustworthy VPNs to route around restrictions, their personal data is at risk.
- Political Impact
- Violation of Fundamental rights: Affects freedom of speech and expression and rights to liberty.
- Draconian principles: Shutdowns are based on outdated and autocratic principles which enforce punitive actions.
- Impact on Governance
- Digital Governance: Programmes like Digital India and other government digital services are inaccessible.
- Bureaucratic difficulties: Data collection and general operations become difficult with a lack of proper internet or complete shutdown.
Reasons for Shutdowns
- Transparency: To prevent the use of unfair means in exams in an area.
- Fake news: To curb the spread of fake news and prevent any possible disharmony in society.
- National Security: To defeat the nefarious designs from across the border to propagate terrorism.
- 3rd party actors: To prevent the misuse of data services by elements that have the potential to scale up violent activities and disturb public order.
Judicial pronouncements
- Faheema Shirin versus the State of Kerala, 2019: The Kerala HC declared the right to Internet access as a fundamental right forming a part of the Right to Privacy and the Right to Education under Article 21 of the Constitution.
- Anuradha Bhasin versus the Union of India, 2020: The SC ruled that internet shutdowns do not violate Article 19 and act as a reasonable restriction and should only be enacted if there is a genuine threat to public safety or national security. Certain balancing tests should be carried out, and only if extremely necessary, the government should proceed with this extremely restrictive step.