INTERNET SHUTDOWN
1. Context
Following the brutal on-camera killing of tailor Kanhaiyalal Teli in Udaipur by two men, the Rajasthan government imposed a ban on Internet services. Shutting down the Internet as an administrative or law-and-order measure has been a common step taken across India for a range of reasons and by almost all political parties and governments.
2. What do the data on internet suspensions say?
- According to the Software Freedom Law Center (SFLC), a large services organization working in this field in India, since 2012 there gave been 665 Internet shutdowns in India to date.
- Here, 'shutdowns' mean a total ban on mobile (3G, 4G/LTE), or fixed-line (dial-up, wired/wireless broadband) Internet, both of which may be shut down.
- According to Internet freedom and tech policy organizations, India is the leading country (by number) for Internet disruption incidents and the frequency of shutdowns.
- This year, 59 shutdowns have been enforced, according to SFLC, which determines shutdowns based on government orders and media reports.
3. Internet shutdowns in States
- Jammu and Kashmir have had more than 411 shutdowns since 2012, and the longest one went on far more than 552 days after the abrogation of the special status of the erstwhile state.
- Among the states, Rajasthan has had the most shutdowns with 88 such instances in almost 10 years. The reasons have ranged from protests by the Gujjar community for reservation, to preventing cheating in the Rajasthan Eligibility Examination for Teachers (REET) held to select primary school teachers last year, which was taken by an estimated 16 lakh aspirants.
4. How do governments justify shutting down the Internet?
- Governments say misinformation and rumors can lead to deterioration in law and order in an area, so curbing the flow of information helps maintain peace among communities in times of crisis.
- But many experts have countered that in the absence of information sources like news outlets, rumors lly end up spreading even more.
- Also, important services such as those related to payments, banking, and educational access, all get cut in an instant, resulting in disruptions at multiple levels and economic losses.
5. Provisions regarding Internet Shutdowns in India
India telegraph act 1885
Section 7 of the aforementioned act has been amended to include temporary suspension of telecom services (public emergency and public safety)rules.
As per rules, only the home secretary of the union or the state can issue such an order, it has to be reviewed by a committee within 5 days. such an order shall not be operational for more than 15 days.
Powers under section 144 CrPC
In an unavoidable circumstances, the order can be issued by an office of the rank of joint secretary or above, authorized by the union or state home secretary.
Section 69(A) of the information technology Act 2008
It gives the government power to block particular websites and not the internet as a whole.
6. Arguments favoring Internet Shutdowns
Deterrent to hate speech and fake news
The Internet has become a medium for spreading animosity and hatred against various religious and ethnic groups. Xenophobic tendencies can be effectively tackled.
Ensure peace and stability
Internet shutdowns may be seen as a preventive measure used by the law & order administration as a last resort to address mass protests, and civil unrest, curbing the spread of misinformation to ensure peace and public safety.
Avoid Anarchy
In certain extreme situations where rumors through Whatsapp and other social media start playing a disruptive role, it may become necessary to have internet shutdowns.
7. Arguments against Internet Shutdowns
Human rights violations
Kerela high court's judgment in Faheema Shirin v/s State of Kerela, where the right to internet access was recognized as a fundamental right forming a part of the right to privacy and the right to education under Article 21 of the constitution.
Social Cost
Essential services like education, Health, Public services, etc are held back. Internet shutdown is also causing a digital divide and disparity in education, especially in the instances of the COVID-19 pandemic.
Fails to achieve the objective
There is no conclusive evidence showing that Internet shutdowns lead to the maintenance or restoration of public order.
Social Chaos
Shutting down the internet results in an information blackout that can also create hysteria, and panic and can result in even more discord.
For Prelims & Mains
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For Prelims: Software Freedom Law Center (SFLC), Jammu and Kashmir, India telegraph act 1885, and Section 69(A) of the information technology Act 2008.
For Mains: 1. India is sometimes referred to as the ‘Internet shutdown capital of the world’. Discuss the measures to reduce instances of internet shutdown.
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Source: The Indian Express
