Internet shutdown and Freedom of expression

24 Feb 2024 Internet shutdown and Freedom of expression

Source – The Hindu and PIB.

General Studies – Indian Politics and Governance, Internet Shutdown, Social Media, Fundamental Rights,  Karnataka High Court, Freedom of Speech, Ministry of Electronics and Information Technology, Twitter/X, Access Now Group.

Why in the News ?

• Twitter/X had approached the Karnataka High Court to challenge several blanket blocking orders issued by the Ministry of Electronics and Information Technology during the first round of farmers’ protest in India in the year 2020 – 21. The single bench judge of the Karnataka High Court had initially rejected this petition of X, but later the appeal of Twitter/X firm was accepted by the Karnataka High Court and the hearing is going on.
• The current judgment of the Karnataka High Court has reinforced the idea that government authorities can block any content or block any level of content on the basis of valid reasoning without the need to give notice to the originators of the content or even call for an account. But has wide authority in issuing orders.
• The appeal of social media Twitter/X in the recent judgment given by the Karnataka High Court will definitely clarify the rights and obligations of social media companies in India to show or disseminate any content on their platforms.
• As far as the government is concerned, it is not at all concerned about the impact such actions have on India’s reputation as a free, open and democratic society, which is just one of the social media companies in the country. Beyond the presence of a large consumer base is a major reason for working.
• Recently, the issue of internet shutdowns and arbitrary restrictions on social media by governments in various states of India has become a cause of major controversy, raising questions of freedom of expression regarding political and social protests in India.
• The state governments of Haryana and Rajasthan and the central government have been seen getting involved in this dispute during the farmers’ movement. State governments have raised this issue without any prior notice and without any solid and sound strategic reasons, which is not only reducing public support but also creating debate on the right to freedom of expression granted to Indian citizens by the Constitution of India. It has started.
• The central government in India has decided to issue notices to social media platforms using their tools to block accounts that they associate with those who oppose them negatively.
• In India, this may be a remedial measure for the governments in power, but it is important to be careful that this behavior of the governments does not infringe the freedom of expression of the individual.
• Yet social media platform
• This dispute between social media platforms and governments shows the need for caution and justice in the exercise of power.
• In India, it is important for both governments and citizens to ensure that the idea of ​​freedom and diverse streams of thought in the society and a pluralistic society are supported, but it should not be misused so that it can harm India’s prosperity and the country’s unity and integrity. There should be no shortage of any kind nor should there be any impact on the unity and integrity of the country.।

Provisions related to Internet shutdown :

According to Section 5(2) of the Indian Telegraph Act 1885, the rules related to temporary suspension of telecommunication services include the following provisions –

Indian Telegraph Act 1885, Section 5(2) :

• Under this section, temporary suspension of telecommunication services is allowed. In case of public emergency and public safety, the Home Secretary of the Union or State is empowered to order suspension of telegraph or wire service (including the Internet). It requires review by a committee within five days, and cannot be issued for more than 15 days at a time. In case of extreme necessity in any particular situation, the Home Secretary of the Union or State or an authorized Joint Secretary level or above officer can issue an order.

Requirement of Review Committee :

• According to this, whenever such an order is issued, it should be reviewed by a review committee within five days.

Duration of the order to temporarily suspend telecommunication services :

• The duration of such order issued at a time cannot exceed 15 days.

Authorized orders in case of emergency :

• If there is an urgent situation, an officer of Joint Secretary level or above authorized by the Union or State Home Secretary can also issue orders.

Section 144 of the Code of Criminal Procedure :

• Under this section, the District Magistrate, Sub-Divisional Magistrate or any other Executive Magistrate is empowered to issue orders specifically prescribed by the State Government for prohibiting or preventing nuisance or disturbance of public peace. Suspension of Internet services: Such order may also include suspension of Internet services in a particular area for a specified period.
• Thus, these provisions clearly establish the rules related to Internet shutdown and empower the government to take necessary steps in situations of public safety or emergency.

Effects of Internet shutdown :

• Internet shutdown violates the fundamental rights provided under Article 19(1) (a) and Article 19(1) (g).Supreme Court case Anuradha Bhasin vs Union of India (2020) I hold that freedom of speech and expression and freedom to practice any profession through the Internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g).
• Internet shutdown also violates the Right to Information Which has been declared a fundamental right under Article 19 by the Supreme Court in the case of Raj Narayan vs. State of Uttar Pradesh (1975).
• It also violates the Right to Internet which was declared a fundamental right under Article 21 by the Kerala High Court in the case Fahima Sheerin vs. State of Kerala.

Financial Results :

• Internet shutdowns can have serious economic consequences. Businesses that depend on the Internet for operations, sales, and communications may suffer financial losses. Startups and small businesses may be particularly affected by this.
• According to ‘Top 10 VPN’ There was a loss of Rs 2,091 crore ($255.2 million) in the first half of 2023 due to internet shutdown in India. 

Obstacles and disruptions arising in the field of education :

• In India,  Many educational institutions use online platforms for teaching and learning. Internet shutdowns disrupt students’ access to educational resources, making it difficult for students to continue their studies. Due to which there may be obstacles and disruptions in their education.

Censorship and Trust concerns :

• Internet shutdowns can lead to a lack of trust in the government and authorities. They may also raise concerns about censorship and lack of transparency.

Disruption in the event of a Disaster or response :

• from internet shutdown Communication and coordination of people can be affected, especially in case of any kind of emergency and during any crisis. A United Nations (UN)-backed report highlights that internet shutdowns affect people’s security and well-being, hindering information flows and humanitarian aid.

Disruption in the field of Health care :

• The reasons caused due to internet shutdown Various studies have shown that internet shutdowns have a significant impact on the delivery of immediate medical care, hampering the supply of essential medicines and maintenance of equipment, limiting the exchange of health information between medical workers, and disrupting essential mental health support. have a significant impact on health systems.

International Results :

• Internet shutdowns may also attract international attention and condemnation. This can harm a country’s reputation and its relations with other countries. It is noteworthy that India ranks third in the world in terms of internet shutdowns. India ranked second in the world in terms of internet shutdowns in the first half of the year 2023. According to a report by US-based digital rights advocacy group Access Now, 58% of all recorded shutdowns globally occurred in India alone.

Impact on Journalism and reporting :

• Journalists rely on the Internet to report events and share news with the general public. Internet shutdowns can hamper their ability to collect and disseminate information, thereby compromising the public’s right to know.
• The right to freedom of the press was declared a fundamental right by the Supreme Court in the cases Indian Express vs. Union of India (1986) and Bennett Coleman vs. Union of India (1972).

Arguments given in favor of Internet shutdown :

Stopping Hate speech and fake news :

• According to one argument given in favor of internet shutdown, by shutting down the internet in India, the spread of unrealistic information like hate speech and fake news can be stopped in India, which can prevent violence and riots on communal or caste basis. Is .
• For example – the Indian government announced an internet shutdown during the farmers’ agitation and demonstrations, in an effort to stop rumors and misconceptions from spreading during the farmers’ agitation and demonstrations.

For smooth functioning of public order and maintenance of peace and security :

• According to another argument given in favor of internet shutdown, by controlling the protests in India, through internet shutdown, the government can maintain public order, people’s safety and peace in the society, which will help the experts and security forces to prevent any untoward incident. Indications regarding the incident are given even before it happens. For example – After the removal of Article 370 in India, an attempt was made to maintain security authority by shutting down the internet in Kashmir.

For National Security :

• According to another argument given in favor of Internet shutdown, through Internet shutdown in India, the government can deal with cyber attacks and protect itself from external threats by being conscious of national security. For example – during the standoff with China, national security was protected by suspending internet services in border areas.

Control over dissemination and promotion of objectionable material :

• According to another argument given in favor of Internet shutdown, Internet shutdown in India can control the distribution and consumption of such material or its dissemination and promotion can also be controlled which may be harmful or objectionable. For example – in some areas the government has blocked Internet access to prevent the spread of objectionable images or videos.

Argument given in Opposition regarding Internet shutdown :

• Many thinkers who oppose Internet shutdowns have argued that such harsh restrictions could risk undermining democracy and accountability. He says that the Internet provides a means for citizens to access information, express opinions, participate in public debate and hold officials accountable for their actions. It could follow that an Internet shutdown would destroy all these qualities and governments might be unable to keep their followers vigilant about their rights.
• Furthermore, Internet shutdowns may enable authoritarian governments to silence critics and create distorted information echo chambers. In a way, it can support authoritarianism and create a medium for spreading objectionable ideas, which can increase social disintegration.
• Some thinkers insist that an Internet shutdown is an ineffective and counterproductive measure, as it does not address the root causes of the problems it is supposed to solve. For example, it may not succeed in preventing violence and terrorism, but may instead increase anger and resentment among affected populations.
• Additionally, an Internet shutdown may not stop the spread of fake news and hate speech, but may instead create an information vacuum that actors can take advantage of. This may increase the disintegration of various prosperity and weaken social harmony.
• Some thinkers also believe that Internet shutdowns can be considered arbitrary measures and open to abuse, as they are often implemented without due process, transparency, or judicial oversight. This could lead to the danger of giving too much power to local authorities, allowing them to use it to resort to their own political interference. This proves that as an arbitrary measure of Internet shutdown, governments should ensure that it is imposed only in special circumstances, and that it meets all levels of judicial process and quality standards.

Ways to deal with Internet shutdown :

The following suggestions can be made in terms of appropriate steps to deal with Internet shutdown-

Strengthening the legal and regulatory framework :

• Both the central and state governments in India should ensure that the legal and regulatory frameworks governing Internet shutdowns are strong and fully comply with international human rights standards.
• The government should amend the Telegraph Act and its regulations so that they fully comply with constitutional and human rights standards.

Ensuring accountability of officials :

• Increase transparency and ensure accountability of authorized officials of both the Central and State governments in India who order and enforce Internet shutdowns.
• Provide effective remedies for people/citizens affected by internet shutdown and ensure their safety is guaranteed.

Looking for alternative options : 

• In India, the government should consider other less intrusive measures instead of internet shutdown, such as correcting law and order disturbances, dealing with communal violence and terrorism, blocking specific websites or content, issuing warnings, civil society And this could include engaging the media, deploying more security forces.

To ensure compliance with the guidelines of the Supreme Court :

• Governments in India should fully comply with the Internet shutdown guidelines given by the Supreme Court of India, which provide for Internet suspension to limit access only for a temporary period. The orders issued under the suspension rules for internet shutdown should fully follow the principle of proportionality and the government should avoid extending their duration.

If the governments in India take steps in the right direction by adopting these suggestions, then the social and economic impact regarding internet shutdown can be reduced and human rights can be fully observed in India.

Conclusion / Path to solution :

• The Supreme Court, High Court or other courts in India should take action against governments issuing orders blocking content on social media.
• Internet shutdowns and the use of arbitrary restrictions on freedom of expression on social media can be a harmonious way to raise social, political and cultural questions, but their impact can be both positive and negative.
• Internet shutdown can be used for security and self-defense purposes. In case of any unsafe situation or objection, governments may try to protect people by shutting down internet services. This may be an uncomfortable procedure, but it may be necessary to save life.
• Banning freedom of expression on social media can increase mutual opposition in the society. This can lead to the suppression of independent and thoughtful ideas, leading to people becoming retail. A state of conflict of views can arise between people looking at social media from different viewpoints, which can cause deep conflicts in the society.
• The use of such restrictions by governments can stifle opposition criticism of ruling structures and render people’s voices invisible or mute. Social media can be a crowdsourcing tool that can bring people together and make them aware of social and political issues.
• Instead of internet shutdowns or banning social media, positive and lively dialogue should be promoted so that people can freely and openly share their ideas with each other.
• Internet shutdowns and restrictions on freedom of expression on social media may be used in necessary situations, but must be done carefully and harmoniously. To maintain prosperity, justice, and harmony in society, governments should take steps in the appropriate direction, so that people can have greater participation and express their views freely.

Practice Questions for Preliminary Exam :

Q.1. Consider the following statements regarding Internet shutdown and freedom of expression in India.

1. The Central Government has decided to block social media accounts by issuing notices to social media platforms, calling them an example of negative deterrence.
2. Twitter/X had filed an appeal in the Karnataka High Court to challenge several blanket blocking orders issued by the Ministry of Electronics and Information Technology in India.
3. Internet shutdowns by governments in India cannot stop the spread of hate speech and fake news.
4. Internet shutdown is an ineffective and counterproductive measure, as it does not address the root causes of the problems.

Which of the above statement / statements is/ are correct?

(A) Only 1, and 3

(B) Only  2, 3 and 4

(C) Only 1 and 4 

(D) Only 1, 2 and 4

Answer – (D)

Practice Questions for Main Exam :

Q.1. What do you understand about Internet shutdown and Freedom of expression? Discuss that in India Internet shutdown for citizens how does it violate freedom of expression ? Give a logical explanation.

Akhilesh Kumar Shrivastava

Qualified Preliminary and Main Examination ( Written ) and Shortlisted for Personality Test (INTERVIEW)  three times Of UPSC CIVIL SERVICES EXAMINATION in the year of 2017, 2018 and 2020. Shortlisted for Personality Test (INTERVIEW) of 64th and 67th BPSC CIVIL SERVICES EXAMINATION.

M. A  M. Phil and Ph. D From (SLL & CS) JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI.