Internet Shutdowns

• 28 Feb 2025

For Prelims: Internet shutdowns, Article 21, Artificial Intelligence, Article 19 

For Mains: Internet Governance and Digital Rights in India, National Security vs. Digital Freedom 

Source: IE 

Why in News?

A 2024 report by digital rights group ‘Access Now’ revealed a record-high number of global internet shutdowns, with Myanmar topping the list with 85 shutdowns, followed by India. 

What are the Key Findings of the Report on Internet Shutdowns?

• India: India accounted for 84 of internet shutdowns, making up 28% of all shutdowns. 
  • Manipur recorded the highest number of internet shutdowns in India with 21 instances, followed by Haryana and Jammu & Kashmir.  
  • In total, 16 states and Union Territories experienced internet restrictions in 2024. 
  • Main Reasons for Shutdowns: Shutdowns in India were primarily linked to protests (41 instances), communal violence (23 instances), and examination-related security measures (5 instances). 
    • Additional shutdowns were enforced due to local conflicts and administrative decisions. 
    • Authorities often justify shutdowns as necessary to prevent communal violence, riots, and misinformation spread via social media. 
• Global: A total of 296 internet shutdowns were recorded worldwide in 2024, the highest ever.  
  • Myanmar(85), India, and Pakistan(21) together accounted for over 64% of all recorded shutdowns in 2024. 

Legal Provisions for Internet Shutdowns in India 

• Telecommunications Rules: Internet shutdowns in India are governed by the Telecommunications (Temporary Suspension of Services) Rules, 2024, issued under the Telecommunications Act, 2023.  
  • These rules replace the Telecom Suspension Rules, 2017 and regulate the process of suspending telecom services, including the internet. 
• Authority to Issue Shutdown Orders: Union Home Secretary (for national-level shutdowns) and State Home Secretary (for state-level shutdowns). 
  • In unavoidable circumstances, a Joint Secretary-level officer (duly authorized) can issue an order, but it must be confirmed within 24 hours, or it will cease to exist. 
• Judicial Precedent: The Supreme Court of India in the case of Anuradha Bhasin v. Union of India, 2020 ruled that indefinite internet shutdowns are unconstitutional and that such curbs should meet the tests of necessity and proportionality.  
  • However, many shutdown orders lack proper documentation and justification. 

What Concerns Regarding Internet Shutdowns? 

• Violation of Rights:  Restricts freedom of speech and expression (Article 19) and limits Right to internet access recognized under Article 21 (right to life and personal liberty). 
• Lack of Oversight: The Telecommunications Act 2023 retains provisions from the colonial-era Telegraph Act, 1885, allowing shutdowns. 
  • There is a lack of strict independent oversight mechanisms, leading to arbitrary implementation. 
• Economic and Social Disruptions: India experienced the third-largest economic loss due to internet shutdowns in 2023, with the total cost reaching USD 255.2 million. 
  • Businesses, students, and digital service providers suffer significant losses due to prolonged shutdowns. 
• Impact on Democratic Processes: Restrictions on digital communication curtail press freedom, and democratic engagement. 
  • Shutdowns in protest-prone regions prevent citizens from exercising their right to dissent. 
• Impact on Governance: Critics claim that frequent internet shutdowns contradict India’s ambitions of becoming a global leader in Artificial Intelligence (AI), digital governance, and technological progress. 

Way Forward 

• Oversight: Introduce parliamentary scrutiny or an independent oversight body to review shutdown orders. 
• Alternative Measures: Instead of complete shutdowns, authorities can use targeted content removal, fact-checking mechanisms, and social media monitoring. 
  • Law enforcement training on digital risk management can help mitigate threats without blanket bans. 
• International Best Practices: The UN Human Rights Council (UNHRC) opposes arbitrary internet shutdowns, deems blanket shutdowns human rights violations, and urges making universal internet access by 2030 as a human right. 
  • European Union and US rely on content moderation policies and cybersecurity tools instead of blackouts. 
• Public Awareness and Advocacy: Civil society groups should raise awareness on digital rights and push for legal reforms. 
  • Digital literacy campaigns can help counter misinformation without resorting to shutdowns. 

Drishti Mains Question: 

How do frequent internet restrictions affect democratic engagement, press freedom, and the right to dissent in India?

UPSC Civil Services Examination, Previous Year Questions (PYQs) 

Mains:

Q. What do you understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (2014)