Our dependency has shifted towards digital world which has started to become our routine in recent modern days. To be elaborate, we rely on internet from business to entertainment. In almost all activities we perform on a daily basis, internet plays a crucial role. Little do we realize that the level of shift we have caused to this world by means of internet within a short span of a decade. Not many of us have thought about how the world would be without internet even for a day where internet penetration is high, more than 79%.[i] This article deals with insightful understanding of what is internet shutdown, who can decide to do this, the reason for shutting down, it’s impact, seriousness, scope, legal implications, efforts made against shutdown
WHAT IS INTERNET SHUTDOWN?
RightsCon participants defined what the term means with consultation from groups across the world. When internet or electronic communications are intentionally disrupted which leads to difficulty in accessibility mainly to internet service[ii]. This is however different from content and application blocking. It doesn’t really question legality. In fact, it is to prevent access to illegal cites like foreign gambling, pornography etc. that cause disruption to youngster’s knowledge.
WHO CAN UNDERTAKE THIS DECISION?
Usually the local government take this decision in most countries. Although, in identifying decision makers of Asia, it was found by an organisation that it’s more diverse here. Federal government, Ministry of interior, information, broadcasting, the military, high court and others. In India, several district magistrates, sub divisional magistrate take this decision together[iii].
WHAT IS THE REASON TO UNDERTAKE THIS STEP?
It’s often justified to have undertaken to supress fake news, reduce cheating during school exams. Access organisation conducted case studies in various countries. In India, it was said that in order to curb communal violence and social media attacks, to stop rumours like child lifting gang causing lynching. In Sri Lanka too there was similar cause for undertaking this action.
WHAT IS THE IMPACT OF THIS ACTION?
Disruption in internet is disruption in leading to a flawless life since our dependency has been increasing towards its usage. It causes economic, human rights, legal disruption with increased damage in daily routine for citizens to continue their studies, business and so on. Mostly spoken about and concerned impact is in relation to sustainable development.
Countries aim in sustainable development for education, social, environmental dimension, declining and ending poverty[iv]. For such development to take place smoothly, internet is crucial. But the act of internet shutdown is counterproductive to the aim of achieving sustainable development. To spread awareness is vital for every person by which people inculcate knowledge on various improvement across the globe through news, social media platform. Lack of information will only build more complications in society which might lead to increase in protest and exchange of misinformation when there is internet blackout. Barrier to internet is barrier to global goal.
Economic impact is also considered huge. As mentioned previously, internet penetration is more than 79% according to a 2018 report. In this case, the GDP fall would be major. A Brookings Institution research proved the fall in GDP in various countries by cost 2.4USD between 2015 to 2016[v]. There will also be damage on collateral, macroeconomic, Small to Medium enterprise, monetary loss in time sensitive transaction.
Human rights impact is also major where this shutdown interferes with freedom of expression and access to online information. This questions the legality international covenant of civil and political rights. It considerably violates fundamental human rights. This will further be explained under ‘legal implications’
WHAT ARE THE LEGAL IMPLICATIONS?
Section 19 of the international covenant of civil and political right says about rights to individual where everyone can hold their opinions without barrier[vi], they have right to freedom of expression, freedom to seek and receive information and ideas of all kinds[vii].
INDIA
Recently, Gaurav Suresh Bai Vias, a petitioner, made some valid points as to shutting down internet in India since 2017 after the Patidhar agitation. India is leading in internet shutdown currently. Under 69A of Information Technology Act 2000, they could’ve banned few websites instead of internet itself. He also argued that banning of internet was a violation of article 14, 19 and 21 of the constitution which are grouped under ‘Right to Freedom’. He also argued that there was no necessary to invoke section 144 of the code of criminal procedure which was justified as to prevent illegal assembly.
Anuradha Basin is another landmark case where she filled three litigations. Firstly, restriction of internet access was appealed to supreme court which was refused to be heard. second litigation was filed regarding internet shutdown which are usually to satisfy public order or safety whereas internet shut down here was believed to have issued under purported reasons. final litigation was filled with regards to continuous internet shut down in Jammu and Kashmir. Telecommunication shutdown was made by local policing authority under telecom suspension Act. Orders where first disclosed before the supreme court filed by petitioner Anuradha Bhasin.
In recent days during the pandemic, a number of shutdowns have taken place due to an encounter at Pulwama[viii] and other such killings[ix] have taken place. The main reason for this shut down to take place is mainly because of leniency in the provisions. Since the provisions do not specifically mention who could enforce the order, there involves a wide range of enforceability power to the government. It has also been proved in ‘access now’ organisations study that the rate of internet shutdown has only been consistently increasing year by year than decreasing. This should change in order for the benefit of future development of the globe.
