For six straight years, India has been on the top of the list for most Internet shutdowns, globally. With approximately 116 cases of internet shutdowns, the numbers are grim. The aim of these shutdowns is to maintain law and order, but it comes at the cost of people losing connectivity with the rest of the world, in times when ‘Right to Internet’ is becoming increasingly popular. To the point of being contested if it should be considered a fundamental right or not.
Internet shutdowns, though controversial, are sometimes imposed by authorities for reasons such as maintaining public order or national security. These shutdowns have drawn criticism for their impact on freedom of speech and economic activities.
Internet regulations in India are governed by various laws aimed at ensuring cybersecurity and regulating online activities. The Information Technology Act, 2000, serves as the primary legislation, covering a wide range of cyber activities, including data protection, digital signatures, and electronic commerce. Additionally, the Indian Penal Code and the Indian Evidence Act provide legal frameworks for addressing cybercrimes and electronic evidence.
In recent years, India has seen a push for stricter cybersecurity measures, including the introduction of the Personal Data Protection Bill, aimed at safeguarding individuals’ data privacy. However, balancing security concerns with preserving digital freedoms remains a complex challenge in the evolving landscape of cyberspace regulation.
Internet Shutdowns in India
As these shutdowns become more common in India, often employed by authorities to control unrest or maintain law and order. These shutdowns involve the suspension of internet services, including mobile data and broadband, across entire regions or specific areas. While proponents argue they are necessary for security reasons, critics view them as a violation of fundamental rights, impeding access to information, communication, and economic activities. India has witnessed a significant rise in internet shutdowns in recent years, raising concerns about the impact on freedom of speech, digital rights, and the economy.
Typically imposed by the government to control a situation where wrong messages or words can be spread to create unrest amongst the public. It is important for the government to take these steps to keep law and order in control. However, public hatred against the government related to the internet shutdown is inevitable. Despite concerns raised by human rights organizations and civil society, India continues to experience some of the highest rates of internet shutdowns globally.
Freedom of Expression
The Indian constitution ensures the freedom of expression as a fundamental right under Article 19(1)(a), guaranteeing every citizen the right to freedom of speech and expression. This provision ensures that individuals have the liberty to express their opinions, thoughts, beliefs, and ideas through various mediums such as speech, writing, printing, or any other form of communication.
However, this freedom is not absolute and is subject to certain restrictions outlined in Article 19(2) of the Constitution. These restrictions include matters related to the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, incitement to an offense, and sovereignty and integrity of India.
Over the years, the interpretation and application of freedom of expression have evolved through judicial pronouncements, balancing the need to protect individual rights with the broader interests of society. Despite occasional controversies and challenges, the Indian Constitution provides a robust framework for safeguarding the freedom of expression as a cornerstone of democracy.
Subsumed under Article 19(1)(a), the Right to Internet, has been reviewed by several judicial announcements. In Sabu Mathew George v. UoI Case (2018), the Supreme Court held that Right to Access Internet is a basic fundamental right and “right to freedom of speech and expression” subsumed “the right to be informed” and “right to know”.
Internet Shutdowns: A Violation of Freedom of Expression?
Internet shutdowns undermine India's commitments to international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), which recognizes freedom of expression as a fundamental right that can only be restricted under narrowly defined circumstances. Despite these concerns, the Indian legal framework lacks specific legislation regulating the use of internet shutdowns, leading to ambiguity and inconsistency in their implementation. While the Supreme Court has acknowledged the importance of freedom of expression in several landmark judgments, there is a need for greater clarity and judicial scrutiny regarding the legality and proportionality of internet shutdowns.
Furthermore, internet shutdowns have significant socio-economic ramifications, disrupting access to essential services, hindering business activities, and impeding the free flow of information. These adverse effects disproportionately impact marginalized communities, exacerbating existing inequalities and vulnerabilities.
Internet shutdowns represent a significant challenge to the freedom of expression in India, violating constitutional guarantees and international human rights standards. Addressing this issue requires a comprehensive legal framework that balances legitimate concerns related to public order and security with respect for fundamental rights. Additionally, greater judicial oversight and transparency are essential to ensure that internet shutdowns are used sparingly and in accordance with the principles of democracy and the rule of law.
Conclusion
The landscape of internet regulations in India is complex and multifaceted, governed by a myriad of laws aimed at ensuring cybersecurity and regulating online activities. At the forefront of this regulatory framework is the Information Technology Act of 2000, a comprehensive legislation encompassing a wide spectrum of cyber activities, ranging from data protection to electronic commerce. Complementing this act are the Indian Penal Code and the Indian Evidence Act, which provide legal frameworks for addressing cybercrimes and electronic evidence.
However, amidst efforts to bolster cybersecurity, India grapples with a contentious issue – internet shutdowns. While authorities justify these shutdowns as necessary measures to maintain public order or national security, they have elicited criticism for their adverse effects on freedom of speech and economic activities.
Despite the push for stricter cybersecurity measures, including the proposed Personal Data Protection Bill aimed at safeguarding individuals’ data privacy, achieving a delicate balance between security imperatives and preserving digital freedoms remains a formidable challenge. As India navigates the evolving landscape of cyberspace regulation, striking this balance will be crucial to fostering a digital ecosystem that upholds both security and fundamental rights.
