Internet Freedom in India

• India has consistently topped the global list of countries imposing internet bans, with approximately 60% of all recorded blackouts worldwide, which threatens Internet Freedom in India.
• reason cited-  national security and threats to public order. 
• cases – Citizenship Amendment Act in 2019, the abrogation of Article 370 in 2019, and the introduction of Farm Bills in 2020. 
• Regionally, Jammu and Kashmir saw the highest number of shutdowns in the last 12 years. 

Legal Provisions Relating to Internet Shutdown

• Indian Telegraph Act : Indian States and Union Territories can impose an internet shutdown only in case of a “public emergency” or in the interest of “public safety”.
• However, the law does not define what qualifies as an emergency or safety issue. 

• Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC). 
• However, in 2017 the law was amended and the Government promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rule 2017.

Anuradha Bhasin v. Union of India Case:

• In 2020 the Supreme Court by ruling on Jammu and Kashmir Internet shutdown held that indefinite internet shutdowns by the State is not permissible under Indian Constitution. 
• The apex Court further stated that imposition of Section144 can not be used as a mechanism to avoid genuine protest which is permitted under the Constitution. 

Key Highlights of the orders:

• Usage of the Internet is the Fundamental Right under Article 19 of the Indian Constitution.
• Internet shutdowns can be of temporary period but not for indefinite period.
• Government to publish all orders imposing restrictions under Section 144.
• The Court had also said that any order with regard to Internet Shutdowns will come under Judicial Scrutiny.

Arguments in Favour of Internet Shutdown by the Government

• National Security: due to spread of misinformation, coordinate unlawful activities, or address security threats.

• Temporary and Targeted Measures: 
• Preventing Unrest and Violence:
• Counteracting Fake News and Disinformation: 

Arguments Against the Internet Shutdown by the Government

• Impact on Freedom of Expression:  
• Global Image and Investment:  
• Human Rights Concerns:  
• Economic Disruptions:  
• Educational Challenges:  
• Lack of Transparency: 

Conclusion

• In a democracy Governments should provide a rationale for disrupting the internet services in a periodic manner. 
• The publications of all the orders must be made to maintain transparency.
• Indiscriminate shutdowns have high social and economic costs and are often ineffective. 
• For better internet governance the Indian civil society needs to push for a transparent and accountable system.

Mains Practice Question

Analyze the impact of internet shutdowns on the right to freedom of speech and expression in India.

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