INTERNET UPS AND DOWNS

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REFERENCE TO UPSC SYLLABUS: GS 2: DIGITAL INDIA, INTERNET SHUTDOWNS, GS 3: INTERNAL SECURITY

THE CONTEXT

The internet shutdown in Manipur was reimposed on September 26, 2023.  The internet had been back in place for barely three days after the 143-day-long shutdown that began on May 3, 2023 before it was shut down again as the conflict intensified.

MORE ON THE NEWS

• There is a cycle of internet shutdowns happening in the state of Manipur as it is trapped in ethnic conflict, marked by frequent loss of life and property. It underpins a lack of confidence in the state as a recurring theme for protests in Imphal, regardless of internet access.
• Violence and brutality from Manipur reflect a deep-seated social discord and a breakdown in public trust. The term “cycle of violence,” is aptly used here. It was coined by Lenore Walker to describe situations of domestic abuse, and is no longer used in this context.
• However, it captures the toxic relationship that can develop between the state and its citizens. Those in power persist in depriving citizens of digital access to essential aspects of life, all to evade accountability. Cycles do not stop by themselves. To end, they require political leadership, not the continued use of “limited internet shutdowns” in Manipur.

WHAT IS INTERNET SHUTDOWN?

• Internet shutdowns are an absolute restriction placed on the use of internet services due to an order issued by a government body.
• It may be limited to a specific place and to specific period, time or number of days. Sometimes it can even extend indefinitely.
• An internet shutdown may be limited to mobile internet that you use on smartphones, or the wired broadband that usually connects a desktop – or both at the same time.

INTERNET SHUTDOWNS IN INDIA

• Data compiled by global digital rights group Access Now and the #KeepItOn coalition reveals that India implemented at least 84 shutdowns in 2022, the highest number of shutdowns in the by any country in 2022.
• Since 2016, India has accounted for approximately 58% of all shutdowns documented in the Shutdown Tracker Optimization Project (STOP database).

REGULATION RELATED TO INTERNET SHUTDOWNS IN INDIA

• Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC).
• However, in 2017 the law was amended and the Government promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules 2017 under the Indian Telegraph Act, 1885.
• The 2017 Rules provide for temporary shutdown of telecom services in a region on grounds of public emergency and give senior bureaucrats from the Home Ministry at the central and state levels the power to order shutdowns.
• The Indian Telegraph Act, 1885 grants the central government the power to disconnect or intercept communication services in the interest of case including:  Public safety, sovereignty and integrity of India, defense of India, security of the state, friendly relations with foreign states, or public order.
• Section 69 of the IT Act allows the government to issue content-blocking orders to online intermediaries such as Internet Service Providers (ISPs), telecom service providers, web hosting services, search engines, online marketplaces, etc. However, the Section requires the information or content being blocked to be deemed a threat to India’s national security, sovereignty, or public order.

ISSUES RELATED TO INTERNET SHUTDOWNS

• Economic impact: Internet shutdown has vast economic implication due to disruptions in communication as businesses and startups mostly rely on internet to operate.
• Suppress dissent: Internet shutdowns are tend to often used by governments to suppress dissent and limit political opposition.
• Affects day to day life: Shutdowns tend to disturb day-to-day life as online transactions, delivery and essential services came to a standstill. Students preparing for their boards, patients unable to reach their doctors and candidates struggling to commute to their job interviews were.
• Affects international reputation: India is seen as democratic nation and frequent internet shutdowns have a negative impact on India’s international reputation as a democratic nation.
• Not effective steps by regulators: As, the Department of Telecom refuses to maintain a centralised database and has proposed a Telecom Bill that retains unchecked power to implement internet shutdowns. Also, a recently concluded Telecom Regulatory Authority of India consultation ignored internet shutdown issue. Thus, institutions which serve as checks on a state government are either offering tacit support or adopting wilful ignorance towards internet shutdowns.

THE WAY FORWARD

• Need of political leadership: The Cycles of shutdowns do not stop by themselves. To end, they require political leadership, not the continued use of ‘limited internet shutdowns’ for long term solutions.
• Reforming the Legal Framework: Existing legal framework seems to be inadequate in limiting the internet shutdowns, government should repeal or amend the outdated laws.The state also needs to follow the Anuradha Bhasin judgement of the SC in letter and spirit.
• Alternative solution: There can be alternative solution by engaging civil society for peace and communication. Also, instead of complete shutdown, there can be blocking of specific content or websites.
• Action by private players: There is need of cautionary approach by private players. OTT platforms must exercise due caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group. For example, Major telecom players like Reliance Jio, Bharti Airtel, and Vodafone are advocating for service-level blocks by internet companies, a move that could not only increase compliance burdens but also risk government-dictated “essential” internet services.

THE CONCLUSION

A proportionality and necessity test analysis to determine the proper course of action are essential at this juncture. For better internet governance and government and the Indian civil society needs to push for a transparent and accountable system.

 PREVIOUS YEAR QUESTIONS

1. Has digital literacy, particularly in rural areas, coupled with lack of Information and Communication Technology (ICT) accessibility hindered socio-economic development? Examine with justification. (2021).
2. Discuss different types of cybercrimes and measures required to be taken to fight the menace. (2020).

MAINS PRACTICE QUESTIONS

1. India has accounted for one of the highest internet shutdowns in recent years. In this respect, discuss the laws for internet shutdown regulation and issues arising out of frequent shutdown in India.
2. Is internet shutdown provides an effective solution for maintaining public order or it is used as a tool to evade accountability? Discuss.

 SOURCE: https://indianexpress.com/article/opinion/columns/apar-gupta-writes-in-manipur-another-internet-shutdown-a-conflict-intensified-8970390/

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