Internet freedom in India

Internet freedom in India

GS-2: Polity & Governance

(UPSC/State PSC)

Important for Prelims:

Internet, Indian Telegraph Act, Anuradha Bhasin vs Union of India case, Section 69A of the IT Act, Ministry of Electronics and Information Technology, Ministry of Information and Broadcasting, Unlawful Activities (Prevention) Act, Citizenship Amendment Act-2019, Protests, Information Control, Political Instability, Cyber crime.

Important for Mains:

Internet Shutdown in India, Causes, Legal Provisions, Arguments for and against Internet Shutdown, Way Forward, Conclusion.

30/03/2024

Context:

With nearly 60% of blackouts recorded worldwide, India has topped the global list of countries imposing internet restrictions for five consecutive years between 2016 and 2022.

  • How do Internet shutdowns affect the daily lives of citizens, especially in areas where they are frequent? What are the primary reasons given by the Government of India for imposing internet shutdown?

Internet Shutdown in India:

  • According to data collected by the Software Freedom Law Center (SFLS), the Indian government imposed a total of 780 shutdowns between January 1, 2014, and December 31, 2023.
  • In the year 2023, India faced internet shutdown for more than 7,000 hours.
  • According to SFLC data, more than 55,000 websites were blocked between 2015 and 2022.
  • The largest portion of the censored content was banned by the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting under Section 69A of the IT Act.
  • The URLs were blocked due to links to organizations banned under the Unlawful Activities (Prevention) Act.
  • The shutdown erupted during protests against the Citizenship Amendment Act in 2019, the abrogation of Article 370 in 2019 and the introduction of the Farm Bill in 2020.
  • Jammu and Kashmir: At the regional level, Jammu and Kashmir saw the highest number of shutdowns in the last 12 years.
  • Manipur: The longest blackout in the year 2023 occurred in Manipur from May to December amid ethnic clashes.
  • Haryana: Till February 15 this year, internet shutdown was active in Haryana amid farmers' protests.
  • Recently, the Central Government had shut down mobile internet under the British era law to control the protest by Punjab farmers protesting in Delhi.
  • Result: Internet disruptions in India contributed to more than 70% of the total loss suffered by the global economy in 2020.

Causes of Internet Shutdown:

  • Globally there have been different reasons for internet shutdowns but in India protests are the most common reason for internet shutdowns, followed by information control, political instability and Cyber crime.
  • A commonly cited reason for blocking websites is the increased threat of Cyber crime.
  • India recorded more than 65,000 cases last year, compared to 5,693 cases in 2013. According to the National Crime Records Bureau, cases have increased by about 434% between 2016 and 2022.
  • One of the reasons for Internet shutdowns imposed by Indian states in the last decade was to control threats to national security and public order.

Legal provisions regarding internet shutdown:

Indian Telegraph Act:

  • According to the Indian Telegraph Act, Indian states and union territories can impose Internet shutdowns only in the interest of "public emergency" or "public safety".
  • However, the Act does not define what constitutes an emergency or security issue.
  • Till 2017, a large-scale shutdown was imposed under Section 144 of the Code of Criminal Procedure (CrPC).
  • Section 144 of CrPC empowered the police and district magistrate to prevent unlawful assembly of people and direct any person to refrain from a certain activity.
  • However, the law was amended in 2017 and the government promulgated the Temporary Suspension of Telecommunication Services (Public Emergency or Public Safety) Rules 2017.

Anuradha Bhasin vs Union of India case:

  • In 2020, the Supreme Court reiterated in the landmark Anuradha Bhasin vs Union of India case that internet shutdowns violate fundamental rights of freedom of expression and that indefinite shutdowns are unconstitutional.
  • The apex court further said that the imposition of Section 144 cannot be used as a mechanism to avoid genuine protest which is permitted under the Constitution.
  • Highlights of the orders:
  • Internet access is a fundamental right under Article 19 of the Indian Constitution.
  • Internet shutdown may be for a temporary period but not indefinitely.
  • The government will publish all orders imposing restrictions under Section 144.
  • The court had also said that any order regarding internet shutdown would come under judicial scrutiny.

Arguments in favor of internet shutdown by the government:

  • Threat to national security: The government suspends Internet services as a temporary and targeted measure to prevent the spread of misinformation, coordination of illegal activities, or to combat security threats.
  • Temporary and targeted measures: Internet shutdowns are intended to be temporary and narrowly focused.
  • These measures are not intended to violate long-term access, but to address specific and immediate concerns.
  • Preventing unrest and violence: Suspending online communications helps prevent organizing protests, riots or other types of civil unrest.
  • Countering fake news and disinformation: In times of crisis or conflict, misinformation circulating online can increase tensions and contribute to misinformation.

Arguments against internet shutdown by government:

  • Impact on freedom of expression: Internet shutdown violates the freedom of expression guaranteed by the Indian Constitution.
  • Global Image and Investment: Frequent internet shutdowns could impact India's global image, raising concerns among investors and international partners.
  • Human rights concerns: Internet shutdowns raise human rights concerns, including the right to access information, freedom of speech, and the right to peaceful assembly.
  • Economic disruption: India has a rapidly growing digital economy, and an Internet shutdown could cause significant economic losses.
  • Educational Challenges: With the increasing use of online platforms for education, internet shutdowns can severely impact students' access to learning resources, online classes and communication with teachers.
  • Lack of transparency: The government needs to provide clear justification for such actions and communicate transparently about the duration and reasons for the shutdown.

India and Global Trends:

  • According to Freedom House's latest report, global internet freedom has declined for the 13th consecutive year and the climate for human rights online has worsened in 29 countries.
  • India's ranking has been around this benchmark in the last three years. This is a decline from 2016 and 2017, when India scored 59 points, rising to 50 points in 2023.

Way forward:

  • In a democracy, governments should justify disrupting internet services from time to time.
  • To maintain transparency, all government orders related to internet shutdown should be published.
  • Indiscriminate shutdowns have high social and economic costs and are often ineffective.
  • Indian civil society needs to push for a transparent and accountable system for better internet governance.
  • 'Tripartite testing' should be completed at the local level in the state before the Government of India implements the blackout.

Conclusion:

  • In the era of modernity, internet freedom empowers people socially, economically and politically. So under international law, in order to block any access to content or apply coercive measures that violate people's fundamental rights, countries must check whether the action is legally valid; and follows the standards of necessity and proportionality.

Source: The Hindu

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Mains Question:

Review the legal provisions related to internet shutdown in India.

Write your arguments in favor and against internet freedom in India.