๐Why in the News? India has consistently held the top position glob-ally for internet shutdowns over the span of five years, constituting 60% of all worldwide instances of blackout from 2016 to 2022.
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POLITY AND GOVERNANCE
INTERNET SHUTDOWNS IN INDIA
๐๐Why in the News?
India has consistently held the top position glob-ally for internet shutdowns over the span of five years, constituting 60% of all worldwide instances of blackout from 2016 to 2022.
๐๐Status of Internet Shutdowns in India
● India has the dubious distinction of leading the world in internet shutdowns, experiencing a significant 780 internet blackouts between 2014 and 2023. Just in 2023, there were over 7,000 hours of internet disruptions document-ed in the country.
● These shutdowns are often implemented in re- sponse to major events, such as the protests surrounding the Citizenship Amendment Act, the abrogation of Article 370, and the Farm Bills.
● The state of Jammu and Kashmir has been particularly affected by internet restrictions, witnessing a staggering 433 shutdowns in the past twelve years. Furthermore, Manipur ex- perienced the longest internet blackout in the country, lasting from May to December 2023.
● These frequent and lengthy internet shutdowns have sparked critical discussions about whether India is adhering to international standards re-garding internet access.
● A recent report by Freedom House paints a concerning picture: Global internet freedom has been on a downward slope for 13 years straight, with online human rights taking a hit in 29 countries.
● Interestingly, India’s approach to internet re- strictions differs from the global trend. While internet shutdowns worldwide are most com-monly used to quell protests, India’s internet outages are primarily localised, affecting spe- cific regions like districts, cities, and villages.
๐๐Legislative Frameworks
India’s internet shutdown practices are enabled by a combination of legal loopholes. Here’s a break-down of the key laws involved:
● Indian Telegraph Act: This act, dating back to 1885, grants states broad authority to restrict internet access during “public emergencies” or for “public safety.” However, the act lacks clear definitions for these terms, creating an environ-ment for potential misuse.
● Section 69A of the IT Act: This section empowers the government to censor online content. While its stated aim is to curb harmful or unlawful content, it has been used to block over 55,000 websites, raising concerns about freedom of expression.
● Unlawful Activities (Prevention) Act: This law allows the government to block URLs associated with banned organisations. A notable example is the blocking of The Caravan magazine’s website, highlighting the potential for misuse of this act.
๐๐Impact of Internet Shutdown
● Fundamental Rights Violations: Court rulings have established that internet access is a pro -tected right under India’s Constitution. Shut-downs directly contradict these protections for freedom of speech, the right to information, and even the right to practise professions on- line.
● Economic Disruption: Businesses, especially startups and those reliant on online operations, suffer financial losses during shutdowns. Stud- ies estimate substantial economic costs associ -ated with these disruptions.
● Journalistic Obstructions: Journalists rely on the Internet to gather and share information.
Shutdowns hinder their ability to report on events, infringing on the public’s right to know. This violates the fundamental right to freedom of the press established by the Supreme Court.
● Erosion of Trust: Frequent shutdowns breed distrust towards authorities. They raise con- cerns about censorship and a lack of transpar- ency in decision-making.
● Educational Obstacles: Learning is hampered when internet access is restricted. Students lose access to online platforms and resources crucial for their education.
● International Repercussions: India’s frequent shutdowns attract international criticism and damage its reputation on the global stage.
๐๐Arguments Favouring Internet Shutdown
● Curbing Hate Speech and Misinformation: Shutdowns are seen as a way to prevent the spread of inflammatory content online that could incite violence or unrest. For instance, some cite the Delhi NCR internet shutdown during farmer protests on Republic Day as a measure to combat misinformation and main- tain order.
● Controlling Protests: Supporters argue that shutdowns can hinder the organisation and mo- bilisation of protests that could disrupt public order and security. The government’s imposi- tion of internet restrictions in Kashmir after the abrogation of Article 370 is presented as an ex- ample of using shutdowns to prevent separatist movements.
● Protecting National Security: Some believe shutdowns can safeguard national security and sovereignty from external threats and cyberat- tacks. The government’s suspension of internet services in border areas during the standoff with China is used as an illustration of shutdowns to prevent potential espionage or sabotage.
● Controlling Offensive Content: Supporters ar- gue that shutdowns can be used to restrict ac- cess to harmful or offensive content that might target specific groups or individuals. For exam- ple, some point to instances where internet ac- cess was blocked in certain regions to prevent the circulation of objectionable material.
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