This blog is inscribed by Sushree Ava
Everyone has the right to freedom of expression and association without any interference. It is no secret that the internet has become an essential tool for today’s generation. But the government authorities in many countries from India to Uganda to Iraq have carried out the internet shutdowns over the past few years. These disturbances directly or indirectly interfere into the fundamental rights of the citizens to obtain and convey information, forbid them from communicating with their loved ones especially during emergencies and also have an adversarial impact on the economy.
The internet shutdowns can be defined as any interruption in access to the internet services which doesn’t allow a person to use the internet in laptops, computers, mobile phones etc. The internet shutdown causes both social and economic harm, the students are not able to access educational resources, hospitals and administrative services have been slowed down and businesses have dissolved. It also harms the public order and peace and thus can lead to violent protests.
Out of the 195 countries in the world, there are now at least 27 countries where the laws and regulations have given the right or empowered the government to shut down the internet and telecom networks. Most of the countries do these in the name of national emergency. This can also lead to misuse of the law. When the mobile services are cut-off, it has a deeper impact on individuals, communities as well as the whole society that are totally dependent on internet connections. There are many laws that allow the government for blocking, banning, shutting down and taking control of internet access and specific apps and services. These laws should be reformed immediately so that they don’t interfere with the fundamental or human rights of the people or subdued the scopes of it. They simply establish restrictions on the freedom of speech and expression of the citizens.
The Telecommunications Framework Law allows the government of the Democratic Republic of Congo[1] to ban the telecommunication facilities in any period of time as it deems fit to them to do such things for public security and national defence of the country. It simply shows that how this country is adapting the Chinese censorship[2] tactics.
In India, there were total 55 internet blockages in Jammu & Kashmir in the year 2019, 11 in the state of Rajasthan.in the year 2018, India had the largest internet shutdown of the count 134 and in 2016 Jammu & Kashmir had shut down on the internet facilities for 6 months which is the longest term ever. Recently on 4th August 2019, the central government ordered the deferment of the telecommunication and internet services in the state of Jammu & Kashmir[3]. Due to this many citizens found themselves unable to exercise the freedom of speech, expression and association online coming under the right to freedom under Article 19-22 of the Indian Constitution. According to the Software Freedom Law Centre’s Internet Shutdown Tracker, the state has suffered about 180 internet shutdowns in the past seven years. This is really astonishing how communication blockage is imposed in a state of the world’s largest democracy.
The internet shutdown was challenged by the editor of the Kashmiri Times, Anuradha Bhasin in the Supreme Court. The government was totally failed to publish the shutdown orders as per Article 144 of the Criminal Procedure Code of 1973[4]. Finally, on 10th January 2020, the Supreme Court ordered that according to Article 19 of the Constitution, internet shutdowns cannot be imposed indefinitely and must be reviewed every week by the executive. The 2G internet services were restored in the state but only to 301 websites.
According to the Information Technology Act[5] (IT), the central government and the courts have the right to block certain websites. Many reports also emerged that the security forces forced Kashmiris to uninstall private networks like VPNs. Even today the internet and telecom services are suspended in Kashmir. This provides clear evidence on how the basic rights of Kashmiris are deprived.
History is a powerful proof that the ones will not be spared who obstruct the civil liberties and freedom of many people in the name of public order and national security. The black year 2020 is going to end and we are emerging towards a new decade, the whole world is watching this injustice imposed on the innocent citizens by the government authorities.
Therefore, the government should make proper amendments to govern illegal shutdowns rather than only resorting limited and partial access. These shutdowns are the cause of high economic and social loss and most of the times they are ineffective too. The government should ban the internet in a periodic manner and all the orders must be made transparent. Our country’s judiciary and telecommunication regulators should be accountable to the citizens and protect the rights granted to them under the Indian Constitution even during national emergencies.
REFERENCES –
The sources used in the above document are -
OTHER REFERENCES –
1. The Constitution of India Bare Act
2. The Code of Criminal Procedure, 1973 Bare Act
[1] The internet had been shut down in the important cities in the Democratic Republic of Congo a day after the much-delayed presidential election. Opposition candidate Martin Fayulu's campaign team accused the government of ordering the shutdown to avoid broadcasting of his "overwhelming victory" in the poll. [2] China's Internet censorship is more extensive and advanced than that in any other country in the world. The Chinese government blocks website content and monitors individuals' Internet access. It affects both publishing and viewing online material. [3] The ban on internet in Jammu and Kashmir has been extended until June 17. According to the government, the decision to limit internet connectivity in the disputed region was “necessary” and in the interest of the “sovereignty and integrity of India.” [4] Section 144 of CrPC empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. Though the scope of Section 144 is wider, it is often used to prohibit assembly of one or more persons when unrest is anticipated. [5] The Information Technology Act, 2000 is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.
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