The article opens by introducing the primary subject matter: repeated instances of internet shutdowns in India as reported by Access Now and the KeepItOn coalition. It was noted that for the fifth consecutive year, India topped the list with 84 shutdowns in 2022.
Key Findings of the Report
The Access Now and KeepItOn coalition report revealed that a total of 187 internet shutdowns occurred in 35 different countries in 2022, with 33 of these countries being repeat offenders. In terms of individual countries, India established its position at the top with 84 shutdowns. The nation ranking second was Ukraine, recording 22 instances, followed by Iran with 18 and Myanmar with seven. However, the longest duration of shutdown was experienced in Tigray, Ethiopia, which lasted more than two years by the end of 2022, leaving many disconnected.
India’s Internet Shutdown Scenario
Within India, Jammu and Kashmir recorded the highest number of internet shutdowns (49) in 2022. This was followed by Rajasthan with 12 shutdowns, and West Bengal with seven. The shutdowns were initiated due to a variety of reasons, ranging from public protests and conflicts to school exams and elections.
Interpreting Internet Shutdowns
Internet shutdowns are regarded as acts of digital authoritarianism, usurping individuals’ and communities’ rights to freely communicate and hindering human rights monitoring including shutdown tracking and provision of humanitarian aid.
The Consequences of Internet Shutdowns
Impacts of internet shutdowns span several areas. Economically, businesses relying on internet connectivity can suffer significant losses. Socially, it disrupts communication, information sharing, and participation in social movements. Politically, these shutdowns can be used as tools to suppress dissent, control information, and limit political opposition. They can also disrupt education, particularly for students reliant on internet resources, and inhibit access to vital health information during pandemics such as Covid-19.
Legislation Governing Internet Shutdowns in India
The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, under the Indian Telegraph Act, 1885 is the legal framework that governs internet shutdowns in India. This law gives senior bureaucrats from the Home Ministry at central and state levels the power to order shutdowns, primarily on grounds of public emergency.
The Supreme Court’s Ruling and Subsequent Amendments
In the Anuradha Bhasin vs Union of India case in 2020, the Supreme Court declared indefinite suspension of internet services as illegal. Orders for internet shutdowns were to meet necessity and proportionality tests according to this ruling. In November 2020, the Union government revised the 2017 Rules limiting Internet suspension orders to a maximum of 15 days. Still, these amendments were deemed insufficient by the Standing Committee on Communication and Information Technology in December 2021, leading to recommendations for further changes.
Future Directions
International organizations like the United Nations can apply pressure on governments practicing internet shutdowns to respect human rights and ensure internet openness and accessibility. Governments can enact laws and regulations protecting citizens’ internet access rights and preventing arbitrary shutdowns. Technological alternatives such as mesh networks and satellite communication can offer alternative internet access during shutdown periods.