Internet shutdowns

Why in news?

A recent report shows that in India about 55 Internet shutdowns were triggered by government till October 2017.

What is government triggered internet shutdown?

During an aggressive political instability situation in a particular region, to preserve law and order government will decide to cut-off essential supplies or resource to that region.
In the 21st century, the Internet has become an increasingly important essential resource.
This growing importance of the Internet in personal life, at times poses a great challenge to governmental authorities.
Governments therefore attempt to re-orient the relationship between the individual and the state in their favour by controlling the Internet.

What are the instances of internet cut offs?

Recently government had cut-off Internet access to prevent violent protests (Kashmir) and cheating in exams (Gujarat).

There are instances of 37 Internet shutdowns, triggered by 11 States over a two-year period.
It has serious consequences both for civil rights, and for businesses.
The sheer ubiquity of Internet shutdowns makes it clear that it is being used as a routine card in the ever-expanding “law and order” toolkit of the state.

What are the issues with legal basis of these shutdowns?

For a long time, the legal basis of Internet shutdowns was unclear.
A few years ago, the High Court of Gujarat invoked Section 144 of the Code of Criminal Procedure (CrPC) to uphold an Internet shutdown.
Section 144 is primarily used to secure an area from damage or harm in the case of a potential or actual law and order disturbance, and more notoriously, to ban protests or other forms of political action in places such as central Delhi.
The key flaw in the Gujarat High Court’s decision was its failure to understand that the provisions of the CrPC cannot directly be transposed into the online world.

What needs to be done?

Government plan to achieve a temporary illusion of security at the cost of a permanent loss of freedom must be avoided.
There must to be no invasion of the individual’s right than what is strictly necessary to achieve the state’s goal.
To adjudicate a fair constitutional balance Courts must take into account the exceptional character of Internet shutdowns and their impact on core civil liberties before validating them.
The government must, by law, subject Internet shutdowns to judicial scrutiny as soon as reasonably possible.
Government to preserve law and order must use less drastic ways, such as increasing security, or addressing grievances of the citizens.

Source: The Hindu