By Akash Rathi, Advocate & Partner, Lex Maven __
Internet shutdowns in India have become an increasingly frequent phenomenon, with significant implications for citizens, businesses, and governance. According to the Cellular Operators Association of India (COAI), over 3,700 hours of internet suspensions were reported across the country between April and December 2024. Such measures, typically enforced under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, are aimed at addressing law-and-order situations. However, they have also sparked widespread debate about their necessity, proportionality, and long-term impact on a digitally dependent society.
With the introduction of the Draft Temporary Suspension of Telecommunication Services Rules, 2024, policymakers appear to be seeking a more structured and transparent approach. Yet, questions remain about whether these new rules address the deeper challenges posed by internet shutdowns. This article examines the legal framework governing such suspensions, their societal and economic impact, and the way forward for a more balanced approach.
Legal Framework: From 2017 Rules to the Draft 2024 Rules
Internet shutdowns in India are governed by the Temporary Suspension of Telecom Services Rules, 2017, framed under the Indian Telegraph Act, 1885. These rules empower the central and state governments to suspend telecom and internet services during public emergencies or in the interest of public safety. However, the terms “public emergency” and “public safety” remain undefined, leading to concerns about arbitrary application.
In 2020, the Supreme Court of India addressed these issues in the Anuradha Bhasin vs. Union of India case. The Court held that internet shutdowns must adhere to principles of proportionality, necessity, and reasonableness. It also directed governments to provide clear justifications for suspensions and ensure periodic review by competent authorities. Despite these directives, the Standing Committee on Communications and Information Technology observed in 2021 that the 2017 Rules lacked adequate safeguards and transparency.
The Draft Temporary Suspension of Telecommunication Services Rules, 2024, aims to address some of these gaps. Key features include:
• Clearer Orders: Suspension orders must specify reasons, geographical scope, and duration, limited to 15 days.
• Stricter Oversight: Orders must be reviewed by a competent committee within five days, and findings must be documented.
• Accountability Mechanisms: Orders issued by junior officers require confirmation from higher authorities within 24 hours.
While these updates offer procedural improvements, critics argue that they fail to address systemic issues such as over-reliance on executive discretion and the lack of alternative measures to complete shutdowns.
Frequent Shutdowns: A Growing Concern
India leads the world in internet shutdowns, accounting for a significant share of the global total. These suspensions are often implemented during communal tensions, protests, or political events, and sometimes for relatively minor issues like preventing cheating in exams. According to the Standing Committee report, this overuse is a result of vague definitions and subjective decision-making by authorities.
The absence of a uniform national policy has also led to variations in how shutdowns are imposed across states. Some states invoke the Code of Criminal Procedure, 1973, instead of the 2017 Rules, to enforce suspensions, further complicating the regulatory landscape. Such practices undermine the principle of proportionality and raise concerns about misuse of power.
Impact on Society
The societal impact of internet shutdowns is profound, especially in a country where digital infrastructure is becoming central to everyday life.
1. Disruption of Essential Services:
• Shutdowns affect critical sectors like healthcare, education, and financial services. Telemedicine platforms become inaccessible, students lose access to online education, and digital payment systems are disrupted.
• For instance, during a shutdown in 2023, government welfare schemes dependent on digital platforms were delayed, leaving beneficiaries in distress.
2. Freedom of Expression:
• Internet shutdowns restrict access to information and hinder citizens’ ability to voice their opinions, raising questions about the suppression of democratic rights.
• Journalists and activists often face difficulties in reporting during shutdowns, leading to a lack of transparency and accountability in governance.
3. Marginalized Communities:
• Shutdowns disproportionately affect marginalized groups who rely on affordable internet for communication, employment opportunities, and accessing government services.
Economic Consequences
The economic cost of internet shutdowns is staggering. A 2022 report by Top10VPN estimated that India lost over $580 million due to internet suspensions. This includes losses to businesses, e-commerce platforms, and the gig economy. Small and medium enterprises (SMEs), which form the backbone of India’s economy, are particularly vulnerable as they lack the resources to withstand prolonged disruptions.
Additionally, the uncertainty caused by frequent shutdowns deters foreign investment. Digital infrastructure is a critical component of modern economies, and inconsistent access undermines India’s aspirations to become a global digital hub.
Draft Rules 2024: Progress and Gaps
The Draft Temporary Suspension of Telecommunication Services Rules, 2024, mark an effort to address some of these challenges. By limiting suspension orders to clearly defined areas and durations, the rules aim to minimize the disruption caused by blanket shutdowns. The introduction of mandatory reviews within five days ensures better oversight, while stricter timelines for validating orders enhance accountability.
However, the draft rules fall short in several areas:
• Lack of Inclusive Oversight: The review committees remain dominated by executive members, with no representation from the judiciary or civil society.
• No Mechanism for Selective Restrictions: The framework continues to rely on blanket bans rather than targeted solutions, such as restricting specific apps or platforms.
• No Impact Assessment: The rules do not mandate studies on the economic, social, or political impact of shutdowns, leaving policymakers without data to make informed decisions.
Recommendations for a Balanced Approach
A balanced approach to internet shutdowns requires a combination of legal, technological, and policy measures.
1. Define Key Terms:
• Terms like “public emergency” and “public safety” must be clearly defined to prevent misuse.
• Parameters for invoking shutdowns should be codified, with an emphasis on proportionality and necessity.
2. Inclusive Review Mechanisms:
• Include retired judges, public representatives, or domain experts in review committees to ensure impartial oversight.
• Regularly publish reports on the use and effectiveness of shutdowns.
3. Explore Targeted Measures:
• Develop technology to selectively block specific apps or services instead of entire networks. For example, misinformation can be curtailed by targeting social media platforms while keeping essential services online.
4. Study Economic and Social Impact:
• Conduct comprehensive studies on the short- and long-term impacts of shutdowns on the economy, education, healthcare, and freedom of expression.
• Use this data to refine policies and evaluate the effectiveness of shutdowns in achieving their intended objectives.
5. Transparency and Public Awareness:
• Make all suspension orders publicly accessible, with detailed justifications for the measures taken.
• Engage with stakeholders, including businesses and civil society, to develop solutions that minimize disruptions.
Conclusion
Internet shutdowns are often seen as a necessary tool for maintaining public order, but their far-reaching consequences cannot be ignored. The Draft Rules of 2024 represent a step in the right direction but require further refinement to balance security concerns with the rights and convenience of citizens. By adopting a more transparent, inclusive, and evidence-based approach, India can set a global example in managing digital infrastructure responsibly. As the country aspires to be a leader in the digital economy, ensuring uninterrupted access to the internet will be essential for fostering growth, innovation, and public trust.
