• The Jharkhand High Court directed the state government to immediately and forthwith restore internet services which were disrupted in the state. 

• A division bench of Justices Ananda Sen and Anubha Rawat Choudhary also ordered the state government to henceforth not suspend internet services for any examination without the prior leave of the court.

• The government of Jharkhand had announced that mobile internet services would be suspended across the state for over five hours on two consecutive days, beginning September 21, to prevent malpractice during the Jharkhand General Graduate Level Combined Competitive Examination (JGGLCCE).

Key points of the HC order: 

• In its order, the High Court stated that merely using phrases such as “public interest”, “adequate safety of students at large”, and “ensuring a fair examination” without any factual basis is insufficient to justify shutting down internet services across the entire state. 

• The court reiterated that it is now well established that such an action constitutes an infringement of fundamental rights enshrined under Article 19 of the Constitution of India.

What is internet shutdown?

• An internet shutdown happens when someone, usually a government, intentionally disrupts the Internet or mobile apps like WhatsApp or Telegram to control what people say online. 

• An intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information. Shutdowns are also sometimes called “blackouts” or “kill switches”.

• In 2023, India led in internet shutdowns globally, with a total of 116 instances recorded out of 283 globally reported shutdowns. This represents 41 per cent of the total shutdowns, according to data analysed by Access Now, a digital rights advocacy organisation. 

• This marks the sixth consecutive year that India has topped the list for the most internet shutdowns, raising concerns about digital rights and freedom of expression in the country.

Provisions for internet shutdown

The regulation of internet shutdowns in India falls under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, which are notified under the Indian Telegraph Act, 1885. 

• Temporary Suspension: The rules allow for a temporary shutdown of telecom services, including the internet, in a specific region due to public emergency, lasting up to 15 days at a time. 

• Regulatory Authority: The 1885 Act empowers the central government to regulate various types of telecom services, including granting licenses for these services. 

• Only the Union or State Home Secretary can issue orders for the temporary suspension of services. 

• Review Mechanism: A three-member Review Committee, led by the Cabinet Secretary at the central level and the Chief Secretary at the state level, is responsible for reviewing orders of telecom and Internet shutdowns issued by the respective governments. 

Supreme Court judgment in Anuradha Bhasin vs Union of India (2020)

The Supreme Court ruled that:

• Integral Right: The freedom of speech and expression through the medium of the internet is an integral part of Article 19(1)(a) of the Constitution. Any restrictions must comply with Article 19(2). 

• Indefinite Shutdowns: Orders for indefinite Internet suspension are impermissible under the 2017 Rules; such suspensions must be temporary. 

• Principle of Proportionality: Any order for suspension must adhere to the principle of proportionality and not extend beyond what is necessary. 

• Judicial Review: All orders suspending Internet services are subject to judicial review.

Impact of Internet Shutdowns

• Economic Loss: Internet shutdowns have led to significant economic setbacks, with an estimated loss of $118 million in foreign investment from January to June 2023. Citing Internet Society’s NetLoss Calculator, a single-day shutdown can push 379 people into unemployment. 

• Fundamental Rights: Shutdowns hinder access to information and curtail digital freedoms and fundamental human rights, including freedom of speech and expression (Article 19) and access to information. 

• Inequality: The impact of shutdowns disproportionately affects marginalised communities, limiting their access to new revenue streams and opportunities, thereby exacerbating existing inequalities and undermining equitable digitisation efforts. 

• Disaster Management: Loss of communication during shutdowns hampers the dissemination of critical information regarding early warnings and evacuation routes, further worsening the impact of disasters. For instance, in Myanmar, ongoing internet shutdowns exacerbated the effects of Cyclone Mocha in May 2023. 

• Education and Healthcare: Shutdowns obstruct access to online services, including educational platforms and healthcare information, limiting essential services. 

• Protests and Violence: Disruptions in Internet access disconnect individuals from the outside world, creating frustration and ambiguity that can lead to strikes or protests, which may escalate into violence. 

• Human Rights Abuses: Shutdowns can impede accountability, allowing perpetrators to exploit the disruption to commit offenses such as violence, arson, and gender-based violence without fear of being reported or prosecuted. 

(The author is a trainer for Civil Services aspirants.)