Internet Shutdown

Posted 22 Feb 2025

Updated 26 Feb 2025

5 min read

Why in the news?

According to data from the Internet Shutdown Tracker maintained by Software Freedom Law Centre, India recorded 60 mobile internet shutdowns in 2024, the lowest in 8 years.

Provisions for internet shutdowns in India

Code of Criminal Procedure (CrPC), 1973: Up to 2017, internet shutdowns were primarily issued under Section 144 of erstwhile CrPC (Section 163 of Bharatiya Nagarik Suraksha Sanhita).
- Section 144 gave District Magistrate the powers to prevent unlawful gathering and direct any person to abstain from a certain activity.
The Indian Telegraph Act, 1885 (amended in 2017): It allows internet shutdowns under the Temporary Suspension of Telecom Services (Public Emergency & Public Safety) 2017 rules for up to 15 days.
- Grounds for shut down: Such shutdown order could be issued on grounds of 'public emergency' or 'public safety'
  - However, public emergency and public safety are not defined under the act or rules.
- Order issuing authority: Such orders could be issued only by union/state home secretary
- Review of order: A 3-member review committee headed by cabinet secretary/chief secretary at national/state level has to be constituted within 5 days to review the orders
Article 19 (2): It allows the government to impose reasonable restrictions on freedom of speech and expression for security of the state, public order, etc.

Arguments in favor of internet shutdown

National security and counter insurgency: E.g., in Jammu and Kashmir, internet shutdowns were extended multiple times to curb separatist propaganda and militant activities after the abrogation of Article 370 in 2019.
Check communal violence and ethnic clashes: E.g., in 2023, internet services were suspended in Manipur following ethnic clashes to prevent further violence.
- Similarly, in 2023, shutdowns were imposed in certain districts of Haryana as a response to communal violence incidents that occurred in some parts of the state.
Counter misinformation, hate speech and fake news: E.g., During Delhi riots (2020), shutdowns were imposed in affected areas to check the spread of misinformation and hate speech on social media.
Maintenance of law and order: E.g., During anti-CAA and farm bill protests, internet services were suspended to uphold public order in the protest sites.
To curb cheating in examinations: E.g., in Rajasthan, a state-wide internet shutdown was enforced to prevent online cheating in Rajasthan Eligibility Exam for Teachers (REET), 2021 examination.

Arguments against internet shutdown

Economic impact: As per Access Now's Internet Shutdowns Report, shutdowns reportedly cost India total $1.9 billion and $118 million in foreign investment in the first half of 2023 alone.
- In 2020, the Indian economy suffered losses to the tune of $2.8 billion due to 129 separate instances of internet suspension, which affected 10.3 million individuals.
- Unemployment: According to Internet Society's NetLoss Calculator, a single-day shutdown can push up to 379 people into unemployment in India.
Impact on women and human rights abuse: Internet shutdowns make it harder for women to report crimes like murder, rape, and violence, thus hindering access to justice.
Violation of fundamental rights: Internet shutdowns restrict access to information, limiting digital freedom and fundamental rights, including freedom of speech and expression (Article 19) and the right to access information.
Compromise on media and press freedom: E.g., in 2019, journalists in Jammu and Kashmir faced difficulties in reporting due to prohibition of internet services, with newspapers shutting down or relocating their offices.
Disruption of education and healthcare: Internet shutdowns impede online education, telemedicine, emergency services etc.

Recommendations of the Parliamentary Standing Committee on Communications and Information Technology (Report: 'Suspension of Telecom Services/Internet and its Impact', 2021)

Adoption of global best practices: Department of Telecommunication (DoT) to conduct a study analyzing internet shutdown rules in other democratic countries and adopt best global practices that suit the specific context of India.
Grounds for suspension: Codifying defined parameters/ objective criteria related to the grounds for suspension of internet services and laying down parameters/mechanisms to decide the merit of an internet shutdown.
Principles of proportionality: DoT in co-ordination with Ministry of Home Affairs (MHA) should lay down a clear principle of proportionality and procedure for lifting of shutdown so that these are not extended indefinitely.
Inclusive Review Committee: Making the executive dominated 3-member review committee more inclusive by incorporating retired judges, public members etc.
Selective banning of services: DoT to formulate a policy to selectively restrict the use of certain services instead of banning the complete internet to ensure minimum inconvenience to public and curb misinformation.
Effectiveness of internet shutdowns: Study on the impacts of internet shutdowns and its effectiveness in dealing with public safety and public emergency to be conducted by DoT and MHA.