Internet Shutdowns in India

General Studies Paper -2

Context: According to a report by advocacy body ‘Access Now’, the number of Internet shutdowns are highest in 2024 globally.

About

• Global trend: 296 Internet shutdowns happened globally in 2024, and India’s cumulative 84 curbs accounted for 28% of these.
• India had the second highest number of Internet shutdowns in 2024; Myanmar had one more disruption than India.
• India’s total shutdowns in 2024 were fewer compared to the previous year.
• Shutdowns affected 16 States and Union Territories in India.
• Most Shutdowns: Manipur (21 shutdowns), Haryana (12), and Jammu & Kashmir (12).
• Reasons for shutdowns: 41 related to protests, 23 due to communal violence.

Legal Provisions Relating to Internet Shutdown

• Grounds: Indian States and Union Territories can impose an internet shutdown only in case of a “public emergency” or in the interest of “public safety”, according to the Indian Telegraph Act.
• 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).
• Section 144 of CrPC gave the police and the District Magistrate the powers in order to prevent unlawful gathering of people and also to direct any person to abstain from a certain activity.
• In 2017, the law was amended and the Government promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rule 2017.
• These rules outline the procedures and conditions under which internet services can be temporarily suspended.
• They require the review of orders by an advisory board within 5 days to ensure the legitimacy of the shutdown.

Arguments in Favour of Internet Shutdown by the Government

• National Security: The government suspend internet services as a temporary and targeted measure to prevent the spread of misinformation, coordinate unlawful activities, or address security threats.
• Temporary and Targeted Measures: These measures are not meant to infringe on long-term access but rather to address specific and immediate concerns.
• Preventing Unrest and Violence: Suspending online communication helps prevent the organization of protests, riots, or other forms of civil unrest.
• Counteracting Fake News and Disinformation: During times of crisis or conflict, false information circulating online can exacerbate tensions and contribute to misinformation.

Arguments Against the Internet Shutdown by the Government

• Impact on Freedom of Expression: Internet shutdowns infringe upon the freedom of expression guaranteed by the Indian Constitution.
• Global Image and Investment: Frequent internet shutdowns 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 Disruptions: India has a rapidly growing digital economy, and internet shutdowns can lead to significant economic losses.
• Educational Challenges: With the increasing use of online platforms for education, internet shutdowns severely affect students’ access to learning resources.
• Lack of Transparency: The government needs to provide clear justifications for such actions and communicate transparently about the duration and reasons for the shutdown.

Conclusion

• In a democracy, governments need to provide a rationale for disrupting the internet services in a periodic manner.
• 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.