INTERNET BAN : :Decoding the government guideline that may lead to internet blackouts in India
India Today
NEW DELHI : Government of India has issued new rules regarding internet shutdown in India. As per the rules issued under the Telegraph Act 1885, the order to shutdown internet and data services will have to come from the central or the state government. This order will have to be issued by an authority not below the rank of a Joint Secretary. Earlier, the order to shut down internet services could be passed by a District Magistrate under IPC Section 144 but the new rules have moved away from this. The new rules have sparked debate about the transparency of the process. Moreover, the power to shut down internet services will be in the hands of the central government now. The number of internet shutdowns have alarmingly grown in India. According to Internetshutdowns.in, an initiative by the NPO Software Freedom Law Center, internet has been shutdown 47 times in the year 2017 itself.
INTERNET SHUTDOWNS IN INDIA
Internet and cellular services have been affected in various parts of the country for about 101 times since 2012. Out of these 101 times, internet services were disrupted 47 times this year.Internet services form an important part of our fundamental rights in today's time. Though not stated in the Constitution explicitly it could be seen as a derived right. A shutdown of internet and cellular services is a major setback for our fundamental rights, especially Freedom of Speech and Expression.
Disconnecting internet services for a day can have widespread effects on the functioning of a state or city. Government machinery is largely reliant on internet services and so are many of our day to day activities.
Kashmir, by far, has been the worst affected state by internet shutdowns. Since 2012, Kashmir has faced an internet shutdown 48 times. In fact, the Jammu and Kashmir High Court issued a notice to the State government in May this year arguing that the Telegraph Act 1885 cannot "be used for the exercise of maintaining the public order" in the state. This notice came after a plea challenging the shutdown of social media websites there.
UN experts also issued a statement in May 2017 regarding the ban of social media websites in J&K. In the statement, David Kaye and Michael Forst, have said that "The scope of these restrictions has a significantly disproportionate impact on the fundamental rights of everyone in Kashmir, undermining the Government's stated aim of preventing dissemination of information that could lead to violence".
CONCERNS
Earlier, internet and cellular services could be shut down in an area by the order of a district magistrate under Section 144 of the Indian Penal Code. Recently, internet services were disrupted in Haryana and Punjab during the pronouncement of the verdict of Dera Sacha Sauda's Gurmeet Singh.
Incidents of violence or tensions could be cited as reasons for imposing the internet shutdown. As the new rules come in, the government plans to take away this power from the hands of district authorities completely.
These rules were published without any ministerial announcement on August 7, 2017. Incidentally, after that various internet shutdowns have been imposed in various parts of the country, including Haryana, Darjeeling, J&K and Manipur.
Why was there no public consultation about the drafting of the rules?
The rules were published in the Gazette of India on August 7, 2017, quietly. No public consultation, no comments on any draft was received by researchers, experts, engineers and academics. Though these rules have still not been tabled in front of the Parliament, it is clear that no stakeholder participation was involved.
Why do the rules not state the limitation on grounds and time period of the shutdown?
As per the rules that were published in the Gazette of India, the rules are meant to "regulate the temporary suspension of telecom services due to public emergency or public safety". No clear definition of what a public emergency constitutes has been given thus making it possible for the shutdown to be imposed for flimsy reasons. Moreover, there is no mention of the time limit of the shutdown. Although, the word "temporary" appears in the document, a maximum limit to the time period has not been defined, thus making it susceptible to misuse.
What is even more worrisome is that these rules do not only allow the government to dismiss internet services but also telecom services. n first look, the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 are indefensible.
Disconnecting internet services for a day can have widespread effects on the functioning of a state or city. Government machinery is largely reliant on internet services and so are many of our day to day activities.
Kashmir, by far, has been the worst affected state by internet shutdowns. Since 2012, Kashmir has faced an internet shutdown 48 times. In fact, the Jammu and Kashmir High Court issued a notice to the State government in May this year arguing that the Telegraph Act 1885 cannot "be used for the exercise of maintaining the public order" in the state. This notice came after a plea challenging the shutdown of social media websites there.
UN experts also issued a statement in May 2017 regarding the ban of social media websites in J&K. In the statement, David Kaye and Michael Forst, have said that "The scope of these restrictions has a significantly disproportionate impact on the fundamental rights of everyone in Kashmir, undermining the Government's stated aim of preventing dissemination of information that could lead to violence".
CONCERNS
Earlier, internet and cellular services could be shut down in an area by the order of a district magistrate under Section 144 of the Indian Penal Code. Recently, internet services were disrupted in Haryana and Punjab during the pronouncement of the verdict of Dera Sacha Sauda's Gurmeet Singh.
Incidents of violence or tensions could be cited as reasons for imposing the internet shutdown. As the new rules come in, the government plans to take away this power from the hands of district authorities completely.
These rules were published without any ministerial announcement on August 7, 2017. Incidentally, after that various internet shutdowns have been imposed in various parts of the country, including Haryana, Darjeeling, J&K and Manipur.
Why was there no public consultation about the drafting of the rules?
The rules were published in the Gazette of India on August 7, 2017, quietly. No public consultation, no comments on any draft was received by researchers, experts, engineers and academics. Though these rules have still not been tabled in front of the Parliament, it is clear that no stakeholder participation was involved.
Why do the rules not state the limitation on grounds and time period of the shutdown?
As per the rules that were published in the Gazette of India, the rules are meant to "regulate the temporary suspension of telecom services due to public emergency or public safety". No clear definition of what a public emergency constitutes has been given thus making it possible for the shutdown to be imposed for flimsy reasons. Moreover, there is no mention of the time limit of the shutdown. Although, the word "temporary" appears in the document, a maximum limit to the time period has not been defined, thus making it susceptible to misuse.
What is even more worrisome is that these rules do not only allow the government to dismiss internet services but also telecom services. n first look, the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 are indefensible.
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