A planned disruption of the internet or electronic communications to the point where they are either totally or partially inoperable or useless is sometimes referred to as an internet shutdown. Internet outages have occasionally impacted entire nations, although they often target a specific population or geographic area in an effort to restrict the free flow of information.

Internet shutdowns include complete and localised shutdowns, bandwidth limiting, and service-based blocking of two-way communication platforms. They are also occasionally referred to as "blackouts" or "kill switches". States frequently utilise internet shutdowns at crucial moments, such elections or large-scale protests, to suppress dissent and limit resistance. They violate international human rights principles and seriously jeopardise people's rights.

International Reflex On Internet Shutdowns

International norms and standards pertaining to internet use and the rights it invokes have developed in tandem with the exponential expansion in internet access over the past ten years. The International Covenant on Civil and Political Rights (ICCPR), specifically articles 19 and 21, pertain to the rights to freedom of expression, access to information, and association and assembly in the context of internet shutdowns.

The United Nations General Assembly received a report in 2011 from the UN Special Rapporteur on Freedom of Expression, which stated:
"The Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights."[1]

In 2012, the UN Human Rights Council (UNHRC) unanimously adopted a Resolution to protect the free speech of individuals on the internet. This Resolution was the first of its kind and notably called upon states to "promote and facilitate access to the Internet."

"The same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one's choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights"[2]

Article 19(3) of the [ICCPR] requires that restrictions be "provided by law," and the UNSR on FreeEx reported in 2017 that "Internet and telecommunications shutdowns involve measures to intentionally prevent or obstruct internet information access or distribution in contravention of human rights legislation" (11). The report went on to explain that shutdowns "ordered covertly or without an obvious legal basis violate this requirement."

The UNSR on FreeEx announced in 2019 that internet shutdowns are manifestly in violation of ICCPR article 19(3).

The use of internet shutdowns "to intentionally and arbitrarily prevent or disrupt access to or dissemination of information online" was sharply denounced by the UNHRC in 2020.

The UN High Commissioner for Human Rights reported to the UN General Assembly in June 2022, exposing the grave consequences that internet shutdowns have on human rights, including the fact that they "very rarely meet the fundamental requirements of necessity and proportionality." The report also included a set of recommendations for putting an end to shutdowns, such as urging states to abstain from the whole spectrum of internet shutdowns.[3]

UN experts expressed concern in 2023 about internet outages in Gaza that are impeding vital communications and conflict reporting.

Internet Shutdowns In India

As per the findings of digital rights and privacy organisation Access Now, India topped the global rankings for state-approved internet shutdowns for the sixth consecutive year in 2023.

In the preceding year, the Indian government issued 116 orders for internet shutdowns, compared to 283 state-sanctioned shutdowns worldwide. 65 of the 116 internet shutdowns that occurred in India in 2023 were caused by acts of sectarian violence. Shutdowns were imposed in a total of 13 states and Union territories, of which seven disrupted internet services five times or more.

According to an announcement, "between May and December [2023], approximately 3.2 million people in Manipur suffered under a state-wide shutdown for 212 days." In 2023, this was the longest internet blackout ever recorded.

Combined with the 7,502 URL-blocking orders that were issued between the months of January and October 2023, the nation-wide blocking of 14 messaging applications that began in early May, and India's new telecom law that gives the central government completely unchecked power to initiate internet shutdowns, shifts in India point not only to a high number of short shutdowns but also to a spectrum of dangerous, progressively longer, and wider-ranging interruptions that are shrinking the country's online community.

Legal Loopholes For Inconsistent Internet Shutdowns

Internet service disruptions in India are regulated by:
Section 144 of Criminal Procedure Code, 1973 (now, Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023):
Grants the State broad authority to take preventive action in cases where there is an "imminent threat to public peace." The Supreme Court of India ruled in Madhu Limaye and Anr v. Ved Murti and Ors,[4] that the urgency standard must be met to be satisfied for an order under section 144 to be justified.

The scope of the statute is further expanded which renders an order either prohibitory or mandatory. This provision grants vast powers to the State governance and the ambit of this provision is primarily used to repress unlawful gatherings and processions that are a threat to public peace.

In the case of Gaurav Sureshbhai Vyas v. State of Gujarat,[5] the suspension of cellular internet services within section 144 was contested in the Gujarat High Court as a public interest litigation The petitioner argued that since section 69A of the IT Act gave the State government the authority to censor content on computer-related forums, the State government was not authorised to apply Section 144 of the Crpc to impose internet access restrictions. However, the Gujarat High Court declared that the State government is authorised to utilise the authority granted by Section 144 in this case because it depends on three things: the state government's power to use the authority ethically, its public duty of care, and what they consider deem to be an effective action.

Section 69A of the Information Technology Act, 2000: Although this section does not specifically address internet shutdowns, it does give the Central Government the authority to order the censorship of content that is accessible to the public on the internet.

The following justifications allow for the use of this power:

1. Interest in India's integrity and sovereignty
2. India's defence
3. Amicable ties with other countries, maintaining public order, or stopping the attempt of individuals to do any crimes that are punishable by law.

Section 5 of the Indian Telegraph Act, 1885: Read with the 2017 Telecom Rules. The rules stipulate protective measures that must be followed when enforcing an order to shut down the internet. These include the requirement that the order be well-reasoned, that a copy of it be sent to the Review Committee the next business day, and that it be in compliance with Section 5(2) of the Act, which gives the government the authority to seize licensed telegraphs and order message interception in the event of a "public emergency" or in the best interests of "public safety."

Impact Of Internet Shutdowns On Freedom Of Expression And Access To Information

Internet shutdowns are considered a violation of fundamental rights under Article 19(1)(a) and Article 19(1)(g). The foundation for freedom of speech is found in Article 19(1)(a). Since the early days of our democracy, the freedom of speech and expression has always guaranteed the right to receive and disseminate information. The right to access the internet has consequently emerged as an outgrowth of the freedom of speech and expression due to the growing necessity of access to the web in every area of work.

According to Article 19(1)(a) and Article 19(1)(g) of the Constitution, the freedom of speech, expression, and the ability to pursue any career over the internet are protected. This was decided by the Supreme Court in the 2020 case of Anuradha Bhasin v. Union of India.[6]

The Supreme Court's ruling in Raj Narain v. State of UP (1975)[7] established the Right to Information as a Fundamental Right under Article 19, thus shutting down the internet violates this right as well.

Internet shutdowns also infringe the right to the internet, which the Kerala High Court ruled in the Faheema Shirin v. State of Kerala[8] case to be a Fundamental Right under Article 21.

The court's ruling highlights how important the internet has become to modern life, serving as a necessary tool for communication, information access, and commerce. Thus, people's rights and liberties may be severely impacted by internet outages. The court stressed that internet shutdowns have to be proportionate to the threat and should only be used as a last resort.

Internet outages can be detrimental to information access and freedom of expression in a variety of ways, such as:

• Limiting the availability of information: The shutdowns of the internet hinder people's ability to obtain and disseminate information, potentially diminishing public awareness and reporting.
• Limiting the right to free speech: People may be prevented from engaging in online civic spaces and voicing their thoughts by internet shutdowns.
• Widening of the digital divide: Internet shutdowns can disproportionately harm marginalized groups, such as women, rural communities, low-income households, and persons with impairments.
• Financial consequences: Shutdowns of the internet can cause financial loss and joblessness, particularly for those whose jobs depend on online platforms.
• Restricting access to necessary services: It may be challenging to obtain vital public services during internet outages, such as educational resources and medical data.
• Worsen the impact of disasters: Internet outages may make it more difficult to share information about evacuation routes and early warning systems, which could exacerbate natural catastrophes.

Arguments Expressing Pros And Cons Of Internet Shutdowns:

Arguments expressing PROS of Internet Shutdowns:

• Stopping the Spread of Hate Speech and Fake News: One argument made in support of internet shutdown is that it will curb the dissemination of false information, such as hate speech and fake news, in India and avert riots and acts of violence against different communities or castes. For instance, in an attempt to prevent rumours and false information from spreading during the farmers' protest, the Indian government declared an internet shutdown.
   
• Regarding National Security: The government can handle cyberattacks and defend itself against outside threats by taking national security into consideration. For instance, national security was safeguarded during the stalemate with China by stopping internet connectivity in border regions.
   
• Control over the circulation and promotion of offensive material: Another argument in favour of Internet shutdown in India states that it is possible to restrict the consumption and distribution, as well as the dissemination and promotion of potentially detrimental or offensive material. For instance, in some locations the government has prohibited Internet access to prevent the spread of offensive photos or videos.
   
• To ensure that public order operates effectively and that peace and security are preserved: Another reason in favour of internet shutdown is that it will enable experts and authorities to prevent any adverse incident by allowing the government to control protests in India and protect public order, safety of individuals, and social harmony. For instance, an attempt was made to safeguard security by blocking the internet in Kashmir following the repeal of Article 370 in India.

Arguments expressing CONS of Internet Shutdowns:

• Many critics of Internet shutdowns have contended that imposing such severe limitations runs the risk of weakening transparency and democracy. Citizens can use the Internet to get information, voice their opinions, take part in public discourse, and hold elected officials accountable for their actions. Consequently, all of these attributes might be destroyed by an Internet shutdown.
   
• Furthermore, dictatorial governments may be able to stifle critics and create an echo chamber of incorrect information by shutting down the Internet. It can, in a sense, encourage dictatorship and provide a platform for the dissemination of controversial ideas, both of which may worsen social breakdown.
   
• A shutdown of the Internet, according to some experts, is a useless and unproductive approach because it doesn't deal with the underlying causes of the issues it is meant to resolve. For instance, it could not be successful in stopping terrorism and violence but instead might make the impacted community angry and dissatisfied.
   
• Additionally, an Internet shutdown could not halt the circulation of fake news and racist remarks, but may instead lead to an information gap that actors might take advantage of. This might worsen the breakdown of different forms of wealth and destroy social unity.
   
• Giving local authorities too much authority could result in a risk that they might be able to take advantage of it to exert their own political power. This demonstrates why governments should make sure that any arbitrary Internet shutdown measures are only implemented under specific conditions and adhere to the highest standards of quality and legality.

Conclusion
Internet is not only a tool for one's opinion, but it also plays a big role in public policy, education, and above all, the protection of the fundamental right to life. Not only do internet shutdowns violate laws, but they also have a number of detrimental effects on the affected users. For example, they prevent them from accessing critical health information, emergency services, transportation, and classes that have already moved to an online format - all of which have become particularly important during the Covid-19 pandemic.

Furthermore, because the internet has become a necessary component of every industry, these outages may have a crippling effect on the economy. As a result, the courts must be crucial in interpreting the genuine legislative meaning of the laws and providing a clear explanation of their provisions. In accordance with the regulations, the State must also abide by the norms. Furthermore, the biggest democracy in the world needs to prioritise human rights after realising the serious effects that these internet shutdowns are having on its citizens.

References:

1. www.ifla.org (Internet Shutdowns - Background)
2. https://www.mediadefence.org/ereader/publications/advanced-modules-on-digital-rights-and-freedom-of-expression-online/module-2-restricting-access-and-content/internet-shutdowns/
3. https://www.drishtiias.com/daily-updates/daily-news-editorials/internet-shutdowns-and-their-ramifications
4. https://scroll.in/latest/1067903/india-recorded-highest-internet-shutdowns-globally-for-sixth-straight-year-in-2023-report
5. https://articles.manupatra.com/article-details/Legality-of-Internet-Shutdowns-in-India-vis-a-vis-Freedom-of-Speech-and-Expression-An-Incessant-Conundrum
6. https://plutusias.com/internet-shutdown-and-freedom-of-expression/#:~:text=Internet%20shutdown%20also%20violates%20the,of%20Uttar%20Pradesh%20(1975).

End Notes:

1. UNHRC, 'Report of UNSR (2011) (https://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf).
2. UNHRC, 'the promotion, protection and enjoyment of human rights on the internet: Resolution' (2012) (https://digitallibrary.un.org/record/731540?ln=en).
3. UNHRC, 'Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights - Report of the Office of the United Nations High Commissioner for Human Rights' (2022) (https://www.ohchr.org/en/documents/thematic-reports/ahrc5055-internet-shutdowns-trends-causes-legal-implications-and-impacts).
4. https://indiankanoon.org/doc/905654/
5. https://indiankanoon.org/doc/29352399/
6. https://indiankanoon.org/doc/82461587/
7. https://indiankanoon.org/doc/438670/
8. https://indiankanoon.org/doc/188439981/