The internet has grown to be an indispensable part of our daily lives. Almost every aspect of human life is connected with the internet for communication, exchange of information, and exercising fundamental rights such as freedom of expression. Due to the frequent use of the internet, from gaining knowledge to booking flights and online shopping, this era is known as the digital age.
Despite our significant dependency on the internet, Nevertheless, the imposition of internet shutdowns by the government is prevalent in many regions of the world.
What does Internet shutdown mean?
Internet shutdown basically means temporary disruption of access to the internet by certain restrictions, which are imposed by the government of that country. It can also be referred to as ‘digital curfew’ or ‘Internet kill switch’.[1]
These shutdowns are imposed by the government to maintain law and order and to sustain tranquility in the country. As the internet is a double-edged sword and can be used in sedition or in waging war, the government is required to adopt such measures for national security purposes.
This article strives to analyze the implications of Internet shutdowns on freedom of expression and access to information. Moreover, the article exchanges contrasting views on internet shutdown and discusses real- life case scenarios on the same.
Legal Statutes Governing Internet Shutdowns in India
- Indian Telegraph Act
Section 5(2)[2]:
This provision of the Indian Telegraph Act, 1885, deals with the imposition of an internet shutdown by the Union for a specific period of time under any circumstance of ‘public emergency’ and ‘public safety’. The curfew must not last for more than fifteen days.
- Code of Criminal Procedure (CrPC), 1973
Section 144[3]:
This section grants a wide range of powers to the authorities to take preventive measures in the interests of public tranquility. In 1970, in the judgment of ‘Madhu Limaye v. Ved Murti’[4], the court upheld the wide scope of Section 144 to address impending perils to public order and peace.
- The Information Technology Act, 2000
Section 69A[5]:
Section 69A of the IT Act deals with on what grounds the Union government can impose a digital curfew. These include :
- In defense of India
- When sovereignty of the country is threatened
- While security of the state is at stake
- While maintaining public order
- Prevention of incitement
Impact of Internet Shutdowns on Freedom of Expression and Access to Information
- Implications on Free Speech and Expression
The fundamental right of ‘Freedom of Speech and Expression’ is explicitly impacted by internet shutdowns. In the recent landmark judgment of ‘Anuradha Bhasin v. Union of India’[6] of 2020, the Supreme Court of India coined that Internet shutdown under any circumstances leads to restriction on one’s right to ‘Freedom of Speech and Expression’, which is guaranteed to every citizen by the Constitution of India under Article 19(1)(a).
Article 19(1)(a) or the right to ‘Freedom of Speech and Expression’, is not ‘absolute’. It has certain limitations to it. The ‘Doctrine of Reasonable Restrictions’ is one of them—it states that any restriction that is imposed by the government to uphold the law and order of the country and prioritize the country’s security can be regarded as a reasonable restriction.[7]
Furthermore, with the increasing utilization of the internet in every domain of work, the right to avail the internet has become an extension of the right to freedom of speech and expression. Kerala was the first state to acknowledge the right to access the internet as a fundamental right.
- Impact on Journalism and Media
Journalism and media are greatly dependent on the internet for the gathering and dissemination of news. The industry faces various challenges during such cyber shutdowns. Reporters and journalists are unable to provide concurrent updates to the masses, limiting their access to significant information.
The Supreme Court of India, in cases of ‘Indian Express v. Union of India’[8] and ‘Bennett Coleman v. Union of India’[9], has underscored that the ‘freedom of press and media’ as a fundamental right under the Constitution and Internet shutdowns have undoubtedly restricted this freedom. Consequently, nurturing an atmosphere prone to rumors and misinformation.
- Violation of the Right to Information
In the landmark judgment of ‘Raj Narain v. State of Uttar Pradesh’[10] of 1975, the court recognized the ‘Right to Information’ as a fundamental right under Article 19 of the Indian Constitution. The court held that the restriction of internet or online information sources and leading people devoid of the vital concurrent updates infringes their ‘Right to Information’.
Moreover, internet shutdown even violates the ‘Right to Internet’, which was declared a fundamental right under Article 21 of the Indian Constitution by the Kerala High Court in the landmark judgment of ‘Faheema Shirin v. State of Kerala’[11] in 2020.
- Social Isolation
Beyond the direct implications on the freedom of speech and expression and the right to information, internet shutdowns also contribute to social isolation. Networking platforms serve as online and vital spaces, fostering communities, professional networking, and connecting with loved ones. Cybershutdowns lead individuals to disconnect themselves from these virtual communities, causing one to feel socially isolated.
- Impact on the Digital Economy and Businesses
Internet shutdowns have severe economic effects on business and the digital economy, especially for startups, e-commerce businesses and other firms that rely on networking and online sales.
According to ‘Top10VPN’, India incurred a loss of 2,091 crore rupees ($255.2 million) due to shutdowns in the first half of 2023 alone. Due to a lack of resilience, small businesses and startups are particularly vulnerable and are easily exposed to financial damages as a consequence of such internet shutdowns.
- Disruption of Education
In an era where education is increasingly digitized, internet shutdowns hamper the process of online learning, leaving students devoid of education and online educational resources. This exacerbates the educational gap by disproportionately affecting kids in isolated areas where the internet serves as a significant tool for learning.
Arguments in Favor of Internet Shutdowns
- Preventing the misinformation from spreading
Governments often justify internet shutdowns as a tool that is necessary to prevent the dissemination of fake news or inflammatory content that could incite violence. For instance, an internet shutdown was imposed during the farmers’ protests in Delhi to combat the propagation of any pseudo information that could have escalated tensions within the country.
- Maintaining Security and Public Order
Internet shutdowns are also claimed to be necessary for regulating protests therefore, maintaining public order and tranquility within the country. After the abrogation of Article 370, the government of India imposed an extended internet shutdown in Kashmir. Anticipating separatist movements and anti-national activities, it was necessary to adopt the measure of cyber curfew. In the same vein, during the India-China standoff, internet shutdowns were imposed in sensitive border areas to prevent clandestine operations by China.
Arguments Against Internet Shutdowns
- Undermining Accountability and Democracy
According to the critics, internet shutdowns undermine the mechanism of democracy by silencing dissent and limiting transparency. Instead of addressing the root causes of unrest, shutdowns act as fuel to the fire and aggravate public resentment and distrust in the government. The blackout that occurred in Kashmir following the abrogation of Article 370 is a notable example, where long-term shutdowns possessed serious concerns towards human rights.
- Ineffectiveness in Preventing Violence
Researches demonstrate that imposing internet shutdowns does not necessarily prevent violence. Rather, they often lead to worsening the situations by depriving affected communities of crucial information and updates. This lack of reliable information can often be adulterated and manipulated by malicious actors to spread rumors, as a consequence, fueling unrest and distress among the masses.
- Securitization and Abuse of Power
The use of internet shutdowns frequently corresponds with a broader tendency of securitization, where issues are presented as existential threats in order to justify drastic solutions. However, this approach can lead to abuse, with shutdowns being imposed unilaterally and without sufficient judicial scrutiny. This lack of transparency is concerning, as internet shutdowns are infrequently ordered by local authorities without adequate judicial authority, as seen in the case of ‘Gaurav Sureshbhai Vyas v. State of Gujarat’[12].
Case Studies
1. Kashmir
After the abrogation of Article 370, Kashmir witnessed one of the longest internet shutdowns in democratic history. In August 2019, the government of India imposed an internet shutdown in the state of Jammu and Kashmir. All communication networks were disrupted, including landlines, fixed line, internet and mobile networks. According to the government, the shutdown was aimed at maintaining law and order but instead critically impacted the state’s economy, education, and healthcare.
2. Myanmar and Belarus
In 2021, Belarus and Myanmar experienced the largest declines in internet freedoms in the world. During the time of political unrest in Myanmar and Belarus, the respective governments shut down the internet in order to suppress opposition and protest. In the case of Myanmar, the ruling military junta and Lukashenko’s authoritarian government in Myanmar justified their actions as ‘necessary’ as they were imposed to establish national security. In contrast to Belarus since its independence from the Soviet Union in 1991, Belarus has been characterized by increasing authoritarianism and imposed draconian internet laws to suppress public and civil society protests.
Despite significant differences between Belarus and Myanmar, the similarity in measures and tactics of two states battling with authority crises sheds light on what repression looks like in the Information Age.[13]
Conclusion
Although Internet shutdowns can be sometimes used as a mechanism for maintaining national security and tranquility. However, it poses significant impacts on fundamental rights of the citizens. They directly infringe upon the right to freedom of expression and access to information, which are vital pillars of a democratic society. The disruption caused to critical sectors, including journalism, education, healthcare and the economy.
Ultimately, the obstacle lies in striving a balance between the need for national security and the protection of individual rights and freedoms. In a digital age where access to the internet is increasingly recognized as a fundamental right, more transparent, approaches are required. The strategies should shift from shutdowns to solutions that address the root causes of unrest without sacrificing democratic principles or fundamental rights.
[1]Media Defense, Internet Shutdowns, in Advanced Modules on Digital Rights and Freedom of Expression Online, https://www.mediadefence.org/ereader/publications/advanced-modules-on-digital-rights-and-freedom-of-expression-online/module-2-restricting-access-and-content/internet-shutdowns/
[2]The Indian Penal Code, 1860, No. 45 of 1860, India Code, https://www.indiacode.nic.in/show-data?actid=AC_CEN_37_58_00003_188513_1523273054156&orderno=5
[3]Code of Criminal Procedure, 1973,S 144, India Kanoon, https://indiankanoon.org/doc/606905/
[4]Madhu Limaye v. Ved Murti, (1970) 3 SCC 739, Writ Petition No. 307, http://www.scconline.com/DocumentLink/PXUcZzm5.
[5]Information Technology Act, 2000, India Code, https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf.
[6]Anuradha Bhasin v. Union of India, AIR 2020, SC 1308 (India), https://indiankanoon.org/doc/82461587/
[7]Legality of Internet Shutdowns in India vis-à-vis Freedom of Speech and Expression: An Incessant Conundrum, MANUPATRA, https://articles.manupatra.com/Article/ArticleDetails/Legality-of-Internet-Shutdowns-in-India-vis-a-vis-Freedom-of-Speech-and-Expression-An-Incessant-Conundrum
[8]Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India, (1985) 1 SCC 641, http://www.scconline.com/DocumentLink/68iJjen9
[9]Bennett Coleman & Co. v. Union of India, (1972) 2 SCC 788, http://www.scconline.com/DocumentLink/fit8jLC8
[10]Raj Narain v. State of Uttar Pradesh, AIR 1975 SC 865, (1975) 3 SCR 333 (India), https://indiankanoon.org/doc/438670/
[11]Faheema Shirin v. State of Kerala, AIR 2020 Ker. 35 (India), https://indiankanoon.org/doc/188439981/
[12]Gaurav Sureshbhai Vyas v. State of Gujarat, (2015) SCC Online Gujrat (Sept. 15, 2015), https://indiankanoon.org/doc/29352399/
[13]Sarah Elizabeth St. John, Internet Shutdowns in India: Balancing National Security with Fundamental Rights, RUSI J., 2022, https://www.tandfonline.com/doi/citedby/10.1080/03071847.2022.2156234
Author: Shreya Srivastava
Juris Centre 