Internet Suspensions in India

Internet Suspensions in India

News: Here, we discuss about how the Indian government frequently shuts down the internet, which is against a Supreme Court ruling and adversely impacts the economy and public trust.

What actions have been taken by the Parliament in relation to internet suspensions in India?
• Amendment to Telecom Suspension Rules in 2020: The Indian Parliament amended the Telecom Suspension Rules, 2017, following the Supreme Court’s judgment. This amendment limited Internet suspension orders to a maximum of 15 days. The amendment did not mandate the publication of suspension orders, nor did it include the Supreme Court’s direction for periodic review of these orders.
• Non-Statutory Recognition of Court Rulings: The government has not given statutory recognition to the Supreme Court’s directives in the Anuradha Bhasin judgment, leading to a lack of awareness and compliance among officials.

Why are internet shutdowns necessary?
• To maintain public order and prevent violence - Internet shutdowns are needed to stop the spread of rumours, misinformation, hate speech and incitement to violence that can fuel communal clashes, riots, protests and terrorist attacks.
• To protect national security and sovereignty
• It can help control dissemination of harmful content. For example, 2013 Muzaffarnagar riots were triggered by a fake video.
• It can help stop people from sharing information or organizing unnecessary protests.

What is the issue with internet suspensions in India?
• Despite the Anuradha Bhasin judgment declaring internet access a fundamental right, India frequently imposes internet shutdowns.
• The government often fails to publish the reasons for internet shutdowns, undermining legal processes, transparency and leads to trust issues with people.
• Without publicly available suspension orders, it’s difficult for citizens to challenge shutdowns in court.
• Compliance with the Anuradha Bhasin judgment is low nationwide and isn’t restricted to Jammu and Kashmir alone.

What are negative points of Internet shutdown?
• It violates Freedom of Expression which is a Fundamental right. Article 19 guarantees freedom of speech and expression.
• It affects the delivery of essential services such as health care, education and emergency response, and create an environment of fear, uncertainty and misinformation.
• Internet shutdowns harm the economy and society of the country, as they disrupt trade, commerce, banking, tourism and other sectors that rely on the Internet. Few studies estimate the economic losses due to Internet shutdowns in India, such as $1.3 billion in 2020 and $1.9 billion in 2021.
• They cause psychological stress and hinder social and journalistic activities.

What is Supreme court’s view on Internet shutdown?
• In January 2020, the Supreme Court delivered a landmark judgment in the case of Anuradha Bhasin vs Union of India, where it held that access to information via the Internet is a fundamental right under Article 19 of the Constitution, and that any restriction on Internet access by the government must be temporary, limited in scope, lawful, necessary and proportionate.