After reading this article you can solve this UPSC PYQ
What do you understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (2014) (15 Marks) GS2 mains Polity
Context
Recently, mobile internet services were temporarily suspended in parts of Delhi during a large public demonstration. The incident has once again brought the issue of internet shutdowns into national focus, raising important questions regarding the balance between public order, national security, and citizens’ fundamental rights.
Introduction
- Recognising its growing importance, the Supreme Court has observed that access to the internet is intrinsically linked to the exercise of freedom of speech and expression under Article 19(1)(a) and the freedom to practice any profession or carry on trade under Article 19(1)(g).
- While the State possesses the authority to temporarily suspend internet services during genuine emergencies, such actions must satisfy the constitutional principles of legality, necessity, proportionality and accountability.
What is an Internet Shutdown?
- According to digital rights organisations, an internet shutdown is an intentional disruption of internet or electronic communication services, making them inaccessible or significantly unusable for a specific population or geographical area.
- Internet shutdowns may involve complete suspension of internet services, blocking mobile internet, restricting access to specific websites or social media platforms, reducing internet speed (throttling).
Why are Internet Shutdowns Imposed?
Governments generally impose internet shutdowns to:
- Maintain public order during protests and civil disturbances preventing the spread of misinformation and fake news.
- Prevent mobilisation of violent groups thus controls communal tensions.
- Ensure security during sensitive operations.
- Protect public safety during emergencies.
Legal Framework Governing Internet Shutdowns
1. Current Legal Framework
Internet shutdowns are presently regulated under
- Section 20 of the Telecommunications Act, 2023
- Telecommunications (Temporary Suspension of Services) Rules, 2024
These provisions have replaced: by
- Section 5(2) of the Indian Telegraph Act, 1885
- Temporary Suspension of Telecom Services Rules, 2017
2. Conditions for Ordering an Internet Shutdown
Under the Telecommunications Act, 2023, internet services may be suspended only when
- A public emergency exists or it is necessary in the interest of public safety.
- Further safeguards includes-
- Written reasons must be recorded format.
- Orders must be issued only by the competent authority.
- Orders should be published.
- Shutdowns must be geographically limited.
Challenges in Implementation
Despite legal framework, several concerns remain:
- Some State governments have continued to rely on provisions of the repealed Telegraph Act and the 2017 Rules.
- This practice may bypass the procedural safeguards introduced under the 2024 Rules.
- Lack of uniform implementation across States creates legal uncertainty.
- Transparency in publishing shutdown orders remains inconsistent.
Major Concerns Associated with Internet Shutdowns
1. Curtailment of Civil Liberties
Shutdowns affect:
- Freedom of speech and expression.
- Access to information and democratic participation.
2. Economic Losses
Internet suspensions adversely impact:
- Digital payments and banking services.
- MSMEs and Start-ups functioning.
- E-commerce sector will become inactive.
3. Impact on Education
Students face disruption in:
- Online classes and digital learning will be stopped.
- Competitive examination conduct will not be possible.
4. Healthcare Challenges
Internet shutdowns affect:
- Telemedicine, digital health records, emergency medical coordination will be affected.
5. Governance Issues
Government services dependent on digital platforms become inaccessible.
Examples include:
- Aadhaar authentication, e-Governance portals will fall nonperforming.
6. Constitutional issues
- Internet shutdowns directly affect several Fundamental Rights like Article 19(1)(a), Article 19(1)(g) due to restriction in freedom of speech and expression
Again Article 21 will be affected on the grounds of right to life with dignity, access to healthcare, online education and emergency communication.
| Landmark Supreme Court Judgment Anuradha Bhasin v. Union of India (2020) The Supreme Court laid down important principles governing internet shutdowns. 1. Internet and Fundamental Rights upholds- Freedom of speech under Article 19(1)(a), Freedom of trade under Article 19(1)(g). 2. Principle of Legality Any shutdown must be authorised by law. 3. Principle of Necessity Shutdowns should only be imposed when genuinely required to deal with a public emergency or protect public safety. 4. Principle of Proportionality Restrictions should be Appropriate, Least restrictive, Limited to what is necessary 5. Transparency Government orders should be published with detailed reasons, making available for judicial scrutiny 6. Limited Duration The Court ruled that indefinite internet shutdowns are unconstitutional. 7. Judicial Review Citizens may challenge shutdown orders before: High Courts under Article 226 Supreme Court under Article 32 |
India and Internet Shutdowns events
India continues to record one of the highest numbers of internet shutdowns globally.
Recent trends indicate:
- Shutdowns are frequently imposed during protests, communal tensions and law-and-order situations.
- Jammu & Kashmir has recorded the highest number historically.
- Rajasthan and Manipur have also experienced frequent internet suspensions.
- Internet shutdowns remain one of the most debated tools of public-order management.
Way Forward
- Ensure strict compliance with the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.
- Adopt internet shutdowns only as a measure of last resort, after exhausting less restrictive alternatives.
- Strengthen transparency by mandating prompt publication of all suspension orders with detailed reasons.
- Establish periodic independent review mechanisms to assess the necessity and proportionality of shutdowns.
- Promote targeted technological solutions, enhanced cyber monitoring, and effective public communication to maintain public order while safeguarding constitutional freedoms.
- Increase judicial oversight and legislative scrutiny to prevent arbitrary or excessive use of shutdown powers.
Conclusion
Internet shutdowns occupy a sensitive intersection between national security, public order and constitutional freedoms. Upholding the rule of law while preserving digital rights is essential for strengthening democratic governance, protecting civil liberties and fostering citizens’ trust in public institutions.
| Important CTC covered under this article: 1. Telecommunications (Temporary Suspension of Services) Rules, 2024. 2. Anuradha Bhasin v. Union of India (2020). |