Internet shutdowns: Dubious distinction for the fifth year

India continues to have the dubious distinction of accounting for the maximum number of internet shutdowns in the world for the fifth consecutive year. According to the latest report of the digital rights organisation Access Now and the KeepItOn coalition, the country has been responsible for around 58% of all documented global shutdowns since 2016. Besides blanket shutdowns, there were 55,000 cases of blocking of websites in the 2015-22 period, with 6,700 of them in 2022. The actual number of shutdowns could have been higher because all of them are not recorded. The government has been unwilling to log them and release the data. It does no credit to the country to be placed ahead of countries like Ukraine and Iran, which account for the most internet shutdowns after India. Globally, the shutdowns reached a peak in 2019, dropped in 2020, but are now on the increase again.

Internet shutdowns violate the right to freedom of expression. It is ironic that the world’s largest democracy wields them more often than any other country. They are imposed as the first response by governments to deal with situations which do not at all warrant their use. Most of the shutdowns were in Jammu & Kashmir but states like Rajasthan, West Bengal, UP and Haryana have also imposed them. Some of the reasons are protests by groups of people like farmers, situations related to murders, elections, and preventing cheating in examinations. These are untenable grounds for muzzling a fundamental right of the general population. The shutdowns have caused big losses for businesses and individuals. They do not agree with the idea of Digital India, where there should be minimum disruption in the online life of citizens. It is estimated that India may have suffered economic losses worth about $2.8 billion in 2020 and about $500 million in 2021. Communication problems not only cause losses but also affect the ease of doing business.

The Supreme Court has ruled that indefinite suspension of internet services is illegal and shutdown decisions must satisfy the tests of necessity and proportionality. Shutdowns to prevent copying in exams or to deal with civil protests do not satisfy these tests. The court has also said that the right to internet use enjoys constitutional protection and can be curbed only for national security reasons. The shutdowns are also subject to judicial review. But they are resorted to frequently in the country in violation of the court’s orders. There is no known policy, code or procedure on internet shutdowns. The report has said that “governments wield internet shutdowns as weapons of control and shields of impunity.” A facility that empowers citizens should not be used to curb their freedom.