Balancing Public Order and Internet Access : Daily News Analysis

Date : 08/07/2023

Relevance: GS Paper 3 : Internal Security - Law and Order

Keywords: Anuradha Bhasin and Faheema Shirin case, IT act 2000, Citizens' fundamental rights, Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017

Context-

The increasing trend of Internet shutdowns in India has raised questions about their impact on public order.

Internet shutdown in india and other issues

According to a report by Access Now and the KeepItOn coalition, India enforced as many as 84 internet shutdowns in 2022.

Internet shutdowns, which entail the deliberate disruption of online communication, have profound consequences on various aspects of society. Not only do they affect daily functioning in an increasingly digital world, but they also impact democratic movements and pose challenges for reporting and seeking support in times of crisis.

Major reasons for internet shut-downs

Internet shutdowns in India are often imposed by the government as an administrative or law-and-order measure.
It is done to curb the spread of misinformation and rumors that can lead to deteriorating law and order situations.
Shutting down the internet helps maintain peace among communities in times of crisis.

Examining the Impact of Internet Shutdowns

Economic Losses: Internet shutdowns can result in significant economic losses, especially for businesses that rely on internet connectivity for their operations.
Social Disruptions: The internet serves as a vital tool for communication, enabling people to connect, share information, and participate in social movements. Internet shutdowns disrupt these essential channels, hindering social interactions and impeding the free flow of ideas.
Political Consequences: Governments often employ internet shutdowns as a means to suppress dissent, control the dissemination of information, and limit political opposition.
Educational Setbacks: Internet shutdowns can disrupt educational activities, particularly for students who depend on online resources for learning and collaboration.
Health Implications: The internet plays a crucial role in accessing health information, telemedicine services, and online support groups. During the Covid-19 pandemic, internet shutdowns have posed additional challenges for accessing vital healthcare resources.

The Governance of Internet Shutdowns in India

In India, internet shutdown orders are governed by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, which fall under the purview of the Indian Telegraph Act, 1885. These rules authorize senior bureaucrats from the Home Ministry at the central and state levels to order temporary shutdowns based on grounds of public emergency.
The Information Technology Act, 2000 enables website blocking in cases threatening national sovereignty, integrity, or defense. Rules have been established to ensure safeguards in website blocking.

Supreme Court's Judgment and Subsequent Amendments

In the landmark case of Anuradha Bhasin vs. Union of India (2020), the Supreme Court declared indefinite suspension of internet services as illegal, stressing the importance of necessity and proportionality in issuing internet shutdown orders.
In response, the Union government made amendments to the 2017 Rules in November 2020, limiting internet suspension orders to a maximum of 15 days.
However, the Standing Committee on Communication and Information Technology, in December 2021, expressed dissatisfaction with the amendments and recommended further changes to the 2017 Rules.
The committee emphasized the need to review the rules comprehensively, consider technological advancements, minimize public disturbance, and issue uniform guidelines for states and union territories.

Charting the Path Forward

International organizations, such as the United Nations, can exert pressure on governments to respect human rights and maintain open and accessible internet environments.
Governments can enact laws and regulations that safeguard citizens' rights to internet access and prevent arbitrary shutdowns.
Technological solutions, such as mesh networks and satellite communication, can offer alternative means of internet access during shutdowns, ensuring continued connectivity.

Internet shutdowns have wide-ranging implications on connectivity, society, and democratic processes. Upholding human rights, promoting open internet environments, and leveraging technological innovations are essential to address these challenges. By adopting a holistic approach, governments and international bodies can work together to mitigate the negative impact of internet shutdowns and protect citizens' rights to access information and communicate freely.

Internet Shutdowns: Understanding Causes and Frequency

The Indian government has gained notoriety for its frequent implementation of Internet shutdowns, with India accounting for 60% of global shutdowns between 2016 and 2022.

Examining the Rationale behind Internet Shutdowns

The official justifications often revolve around communal tensions, protests, preventing cheating during exams, and religious processions.
Shutdowns can be categorized as either preventive or reactive. Preventive shutdowns are imposed prior to an anticipated event, aiming to avoid potential law and order disruptions. Conversely, reactive shutdowns are a response to an incident that has already occurred, providing a means to regain control.

Ensuring Balance between Public Interest and Maintaining Law and Order

The Supreme Court, through decisions such as Anuradha Bhasin and Faheema Shirin, has affirmed the importance of preserving Internet access.
It argues that shutdowns should only be implemented in exceptional circumstances that warrant strict control and surveillance. A shutdown should be temporary, limited in scope, lawful, and proportionate. Reasonable restrictions, including shutdowns, may be imposed to protect national security, sovereignty, integrity, and defense, or to prevent cognizable offenses.

Avoiding Frivolous Shutdowns and Ensuring Proportionality

Emphasizes the importance of proportionality when considering the necessity of a shutdown. Frivolous reasons, such as preventing cheating in exams, should not justify such extreme measures.
It was enforced prior to educational examinations in Rajasthan and West Bengal, asserting that social issues cannot be solved by targeting low-hanging fruit.

Assessing Compliance with Guidelines in Jammu and Kashmir and Manipur

Experts express opposition to shutdowns, arguing that many decisions lack due process. Shutdowns are often imposed by district magistrates without proper authorization.
Imposing an Internet shutdown curtails fundamental rights, affecting people's work, access to telemedicine, education, and basic necessities.
The review committee, as mandated by Rule 5 of the Temporary Suspension Rules, should convene within five working days, but the lack of transparency makes it challenging to ascertain whether shutdowns are justified.
They highlight the need for transparency in publishing shutdown orders and criticize impractical solutions, such as whitelisting websites, which hinder access to critical services.

Mitigating Impact and Seeking Alternatives

Emphasizes the need for careful consideration before implementing a shutdown due to its profound impact on people's lives.
It suggests exploring alternatives, such as blocking specific websites instead of enforcing complete shutdowns. Vital sectors like healthcare and education should remain accessible, while VPNs, although providing privacy, could be restricted in government settings.

Conclusion

Internet shutdowns pose challenges to maintaining public order while safeguarding individuals' rights and livelihoods. Striking the right balance between these considerations necessitates proportionality, adherence to legal guidelines, transparency, and exploring alternative solutions. An informed approach is crucial to ensure that the use of shutdowns remains exceptional and respects citizens' fundamental rights.

Probable Questions for the mains exam -

Discuss the implications of internet shutdowns on various aspects of society, such as economic losses, social disruptions, and educational setbacks. How can governments strike a balance between maintaining public order and safeguarding citizens' rights to access the internet? (10 Marks,150 words)
Analyze the legal framework surrounding internet shutdowns in India, including the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. In light of the Supreme Court's judgment in the Anuradha Bhasin case, discuss the importance of necessity and proportionality in issuing shutdown orders. What measures should be taken to ensure transparency, adherence to guidelines, and protection of citizens' rights during shutdowns? (15 Marks,250 Words)

Source : The Hindu