Context: The news highlights India’s significant issue of frequent internet shutdowns, topping global lists for five years.

• The primary reasons being national security or public order concerns, despite criticisms and legal challenges regarding violations of fundamental rights.

Key highlights

• India has consistently topped global internet shutdown lists for five consecutive years, with about 60% of global shutdowns recorded between 2016 and 2022 occurring in India.

• Shutdowns, often cited for national security or public order concerns, have violated court directives and been condemned by rights groups.

• The Software Freedom Law Centre (SFLC) recorded 780 shutdowns in India between 2014 and 2023, spiking during protests against the Citizenship Amendment Act, Article 370 abrogation, and Farm Bills.

• Internet disruptions in India accounted for over 70% of the global economic loss in 2020, with shutdowns exceeding 7,000 hours in 2023.

• Indian states and union territories can impose shutdowns under the Indian Telegraph Act during “public emergencies” or for “public safety,” yet lack clear definitions for these terms.

• The Supreme Court, in Anuradha Bhasin v. Union of India, ruled that internet shutdowns violate freedom of expression and indefinite shutdowns are unconstitutional.

• However, compliance with court orders to make shutdown orders public remains inadequate.

• Jammu and Kashmir witnessed the highest number of shutdowns, with Manipur experiencing the longest blackout in 2023.

• Internet shutdowns were active in Haryana amid farmers’ protests, invoking British-era laws, and failing to meet international standards.

• Globally, internet shutdowns are often associated with protests, information control, and political instability.

• India has blocked over 55,000 websites, primarily under section 69A of the IT Act, citing national security concerns and links to banned organizations.

• Social media URLs, including accounts and posts, were blocked, with cybercrime threats cited as a common reason.

• India’s declining internet freedom, highlighted by Freedom House reports, indicates a worsening environment for online human rights, despite global trends.

Issues with Internet Shutdowns

• Disruption of communication: Internet shutdowns impede access to vital communication channels, hindering emergency services, business operations, and personal communications.

• Economic impact: Shutdowns result in significant economic losses, affecting businesses, freelancers, and the digital economy.

• Violation of human rights: Restricting access to the internet violates the fundamental right to freedom of expression and access to information.

• Impacts on education and healthcare: Shutdowns disrupt online education and telemedicine services, affecting access to essential services, especially in remote areas.

• Undermining democracy: Internet shutdowns can be used to suppress dissent, stifle protests, and restrict democratic participation.

Supreme Court Observation in Anuradha Bhasin Case

• In 2020, the Supreme Court of India, in the Anuradha Bhasin case, declared that indefinite internet shutdowns are unconstitutional.

• The court emphasized that any restrictions on internet access must adhere to the principles of necessity and proportionality.

• It ruled that orders for internet shutdowns must be subject to periodic review and be backed by specific reasons and a time limit.

Road Ahead

• Legislative safeguards: Implement clear and specific legislation governing internet shutdowns, ensuring accountability and judicial oversight.

• Transparency: Mandate transparent reporting of internet shutdowns, including reasons, duration, and impact assessments.

• Alternative measures: Explore alternative measures for maintaining law and order or addressing security concerns without resorting to blanket internet shutdowns.

• Public awareness: Raise awareness about the impact of internet shutdowns on fundamental rights, democracy, and socio-economic development.

• International cooperation: Engage in international dialogue and cooperation to develop norms and standards for managing internet shutdowns in line with human rights principles.

• Judicial activism: Encourage proactive judicial intervention to protect citizens’ rights and challenge arbitrary internet shutdowns.