Recently, a historical global event took place in the domain of digital rights and Internet governance. This event saw the United States and 60 other countries signing a political declaration known as the “Declaration for the Future of the Internet.” Notably, leading nations such as India, China, and Russia did not participate in this declaration. Furthermore, India had previously refrained from signing the Budapest Convention on Cybercrime in 2001.
The Declaration for the Future of the Internet: An Overview
The necessity of this Declaration arose from the increasing wave of “state-sponsored or condoned malicious behavior” online. The aim is to encourage a global, open communication system for the benefit of mankind. The Declaration is an inclusive initiative; its partners are committed to extending its reach to other governments worldwide.
Moreover, this effort does not stop at government level; the stakeholders are also reaching out to the private sector, academia, international organizations, civil society, and the technical community. These efforts are all geared towards achieving a vision of an open, free, global, interoperable, reliable, and secure Internet. Although the Declaration and its guiding principles are not legally enforceable, they act as a reference for policymakers, businesses, citizens, and Civil Society Organizations.
The core principles of the Declaration emphasize reinforcing democratic norms, fundamental freedoms, human rights as echoed in the Universal Declaration of Human Rights, and ensuring a single, decentralized network of networks. The Internet should not discriminate among users and must ensure contestability of online platforms and fair business practices. In essence, the Declaration aims to safeguard human rights, endorse a united global internet, foster trust and inclusivity, and support a multistakeholder approach to the development of the Internet.
Concerns Raised by the Declaration
The recent rise in the repression of Internet freedoms by some governments has been a significant cause for concern. Some countries have used digital tools to violate human rights, launch cyberattacks, disseminate illegal content and disinformation, and concentrate economic power excessively. There has been an alarming global trend towards digital authoritarianism, with countries like Russia and China acting to suppress freedom of expression, censor news sites, meddle in elections, circulate disinformation, and deny their citizens other human rights.
The State of Internet Freedom in India
In 2021, there were 182 reported instances of internet clampdowns worldwide. In India, of the 106 shutdowns reported, 85 occurred in Jammu and Kashmir. India was among the 18 countries that blocked mobile internet during protests. Worryingly, the number of countries that resorted to internet shutdowns in 2021 increased to 34 from 29 in 2020.
Several court judgments in India relate to internet freedom. In the case of Anuradha Bhasin versus the Union of India in 2020, the Supreme Court ruled that indeterminate restrictions on internet services would be illegal, and orders for internet shutdown must pass the tests of necessity and proportionality. Meanwhile, in the case of Faheema Shirin versus the State of Kerala in 2019, the Kerala High Court declared the right to Internet access as a fundamental right, forming part of the Right to Privacy and the Right to Education under Article 21 of the Indian Constitution.
