Internet Shutdowns

Posted 22 Jun 2024

Updated 24 Jun 2024

4 min read

Why in the news?

As per an ‘Access Now’ report, India witnessed 116 shutdowns in 2023, the highest number of shutdown in world for the sixth consecutive year.

It is an intentional disruption of internet communications for specific population or within a location for any duration of time, often to exert control over the flow of information.
In 2023, globally the number of internet shutdowns rose by 41% to 283 from 201 in 2022.

Currently, suspension of telecom services (including internet shutdowns) is governed by Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, notified under Indian Telegraph Act, 1885.
- It provide for a temporary shutdown of telecom services in a region on grounds of public emergency (up to 15 days at once).
- The 1885 Act empowers the central government to regulate various types of telecom services including internet services and grant licenses for them.
Orders of temporary suspension of telecom services are to be issued By Union/State home secretary Only.
- Under 2017 Rules, a three-member Review Committee headed by Cabinet Secretary at central level and Chief Secretary at state level, reviews telecom/internet shutdown orders by central government and state government, respectively.

SC held that freedom of speech and expression through medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution.
In relation to internet shutdown, Court had passed following directions
- An order suspending internet services indefinitely is impermissible under 2017 Rules. Suspension can be utilised for temporary duration only.
- Any order suspending internet issued under Suspension Rules, must adhere to principle of proportionality and must not extend beyond necessary duration.
- Any order suspending internet under the Suspension Rules is subject to judicial review.

Economic loss: Shutdowns reportedly led to loss of $118 million in foreign investment from Jan- June 2023 alone in India.
- Also, a single-day shutdown can push up to 379 people into unemployment in the country.
Fundamental rights: Internet shutdowns impacts access to information, curbing digital freedom and fundamental human rights such as freedom of speech and expression (Article-19), access to information etc.
Inequality: Shutdowns disproportionately affect marginalized communities, hindering their access to newer revenue streams and opportunities. This exacerbates existing inequalities and undermines efforts towards equitable digitization.
Disaster management: Loss of communication due to internet shutdown hinders information dissemination w.r.t. early warning, evacuation routes, further exacerbating the impact of disasters.
- The ongoing internet shutdown in Myanmar exacerbated the effects of Cyclone Mocha, which hit western Myanmar in May 2023
Education and Healthcare: Shutdowns hinders access to online services such as education platforms, healthcare information etc.
Protest and Violence: Internet shutdown disconnects people from the rest of the world, creating ambiguity and frustration. This can trigger strikes or protests that may become violent.
Human rights abuse: Shutdowns impedes accountability where attackers utilise the disruption to cover up their offenses such as killing, arson, gender-based violence etc.

Recommendations of Parliamentary Standing Committee on Communications and Information Technology
- Codifying defined parameters that constitute as public emergency and public safety.
  - Public emergency and public safety have not been defined in the 1885 Act or the 2017 Rules.
- Putting in place a mechanism to decide the merit of an internet shutdown.
- Department in co-ordination with Ministry of Home Affairs (MHA) should lay down a clear principle of proportionality and procedure for lifting of shutdown so that these are not extended indefinitely.
- Department of Telecommunications (DoT) should formulate a policy to selectively restrict use of OTT services instead of banning the internet as a whole to ensure minimum inconvenience to public and curb misinformation.
- A study on the impacts of internet shutdowns and its effectiveness in dealing with public safety and public emergency should be conducted by DoT and MHA.
Government should clearly communicate to users any limitations, restrictions, or change to service they may experience and provide regular updates on status and duration of shutdown.