INTERNET FREEDOM IN INDIA

Internet Shutdowns in India

• Between January 1, 2014, and December 31, 2023, the Indian government enforced a total of 780 internet shutdowns, as per data compiled by the Software Freedom Law Centre (SFLC).
• These shutdowns escalated notably during key events such as protests against the Citizenship Amendment Act in 2019, the abrogation of Article 370 in 2019, and the introduction of Farm Bills in 2020.
• In 2020, disruptions to the internet in India contributed to over 70% of the global economic losses. Furthermore, data reveals that India experienced internet shutdowns totalling over 7,000 hours in 2023 alone.
• According to the Indian Telegraph Act, states and union territories in India are authorized to impose internet shutdowns only in situations of a "public emergency" or in the interest of "public safety."
• However, the Act lacks a clear definition of what constitutes an emergency or safety concern.
• In the landmark case of Anuradha Bhasin v. Union of India, the Supreme Court reaffirmed that internet shutdowns infringe upon fundamental rights such as the freedom of expression, especially when they extend indefinitely, deeming such shutdowns unconstitutional.
• Additionally, courts have mandated governments to make shutdown orders public, although compliance with this provision has been noted as lacking by experts.

3. Impact of British-Era Law on Internet Shutdowns in India

• Over the past 12 years, Jammu and Kashmir witnessed the highest number of shutdowns, totalling 433, while the longest blackout in 2023 was endured in Manipur from May to December, coinciding with ethnic conflicts.
• As of February 15 this year, Haryana experienced internet shutdowns amid ongoing farmers' protests. Additionally, the Union government utilized powers under a colonial-era law to suspend mobile internet services as farmers from Punjab protested in Delhi.
• Critics have highlighted India's failure to meet the 'three-part test' when imposing blackouts in J&K and Manipur.
• According to international law, before blocking access to content or implementing coercive measures that infringe upon people's rights, countries should ensure that the action is authorized by law, serves a legitimate purpose, and adheres to standards of necessity and proportionality. Most internet outages in the past decade were confined to specific districts, cities, and villages.
• Globally, the reasons for internet shutdowns vary, with protests being the most common cause, followed by information control and political instability.
• Between 2015 and 2022, over 55,000 websites were blocked, primarily under section 69A of the IT Act, by the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting. URLs were often blocked due to their association with organizations banned under the Unlawful Activities (Prevention) Act.
• Recently, the Ministry instructed news outlet The Caravan to remove a story alleging abuse, torture, and murder of civilians by the Indian Army in Jammu's Poonch district.
• On social media, nearly 30,000 social media URLs, including accounts and posts, were blocked between 2018 and 2022, with a majority of requests directed to X.
• Cybercrime threats have been cited as a prominent reason for website blocking, with cases increasing from 5,693 in 2013 to over 65,000 last year a surge of almost 434% between 2016 and 2022, according to the National Crime Records Bureau.

4. India's Position in Global Internet Freedom Trends

• The latest Freedom House report highlights a concerning trend: global internet freedom has decreased for the 13th consecutive year, with human rights online deteriorating in 29 countries.
• India's ranking has remained relatively stable over the past three years, indicating a consistent performance in this domain.
• However, there has been a notable decline compared to earlier years. In 2016 and 2017, India scored 59 points, but this fell to 50 points by 2023, reflecting a dip in its internet freedom rating.