What is an Internet Shutdown?
Definition: An internet shutdown is an intentional disruption of internet or electronic communications, making them inaccessible or effectively unusable for a specific population or location.
Forms of Shutdowns:
- Complete network shutdowns
- Slowing down internet speed (throttling)
- Blocking specific platforms and services
Purpose: Controlling flow of information during public gatherings, unrest, political events, peaceful demonstrations, or religious gatherings.
Global Scenario
- UNESCO highlighted at least 300 shutdowns across 54+ countries in two years
- Access Now: 2024 was the worst year for internet shutdowns since 2016
- India's Position: One of the highest number of shutdowns globally
- 2025: 65 shutdowns across 12 States and Union Territories
- 2026: Around 24 shutdowns (as of July 22)
- Regional Leaders: Jammu & Kashmir (449+ since 2012), Rajasthan (115), Manipur (62)
Legal Framework in India
Governing Law
- Telecommunications Act, 2023 (Section 20)
- Telecommunications (Temporary Suspension of Services) Rules, 2024
- Replaced earlier 2017 Rules
Grounds for Suspension
- Only permissible grounds: Public emergency or public safety
- Protests alone cannot justify shutdown
- Must satisfy: Legality, Necessity, Proportionality, Transparency
Authority to Issue Orders
- National Level: Union Home Secretary
- State Level: State Home Secretary
- Emergency: Joint Secretary-level officer (must be confirmed within 24 hours)
Procedural Safeguards
- Orders must be published
- Include: Date, time, duration, specific area
- Maximum duration: 15 days
- Review by multi-member Review Committee within 5 working days
Judicial Position
Anuradha Bhasin v. Union of India (2020)
- Access to Internet linked to Article 19(1)(a) (Freedom of Speech) and Article 19(1)(g) (Freedom of Trade/Profession)
- Shutdowns must be: lawful, necessary, proportionate, adopt least restrictive measure
- Orders must be reasoned, published, limited in scope and duration
- Indefinite shutdowns are impermissible
Ashlesh Biradar v. State of West Bengal (2022)
- Calcutta High Court reinforced principles of legality, necessity, and proportionality
- Stayed order lacking proper authority and sufficient reasons
Constitutional Provisions
| Article | Provision | Relevance |
|---|---|---|
| Article 19(1)(a) | Freedom of Speech and Expression | Affected by shutdowns |
| Article 19(1)(g) | Freedom of Trade and Profession | Economic impact |
| Article 21 | Right to Life | Access to information linked |
| Article 226 | High Court Power | Judicial review |
| Article 32 | Supreme Court Power | Fundamental rights enforcement |
Key Concerns
- Fundamental Rights Violation: Restrictions on speech, expression, and access to information
- Lack of Transparency: Many orders not consistently published
- Economic Loss: India suffered ~USD 255.2 million loss in 2023 (3rd largest globally)
- Weak Oversight: Limited independent mechanisms
- Bypassing Safeguards: Some states invoke older 1885 Telegraph Act
- Digital Progress Concerns: Inconsistent with AI and digital governance ambitions
Measures Needed
- Strengthen Oversight: Establish independent review bodies, parliamentary scrutiny
- Ensure Legal Compliance: Strict adherence to 2023 Act and 2024 Rules
- Adopt Necessity Principle: Treat shutdowns as last resort
- Use Targeted Alternatives: Content regulation, fact-checking, cybersecurity tools
- Improve Transparency: Timely publication of orders and review decisions
- Promote Digital Literacy: Counter misinformation, align with UN standards
Conclusion
Internet shutdowns may be justified only in exceptional cases of public emergency or public safety. They must remain a last-resort measure, balancing public order with fundamental rights, and be lawful, transparent, proportionate, time-bound, and subject to effective review.