Where does the law stand on internet shutdowns?, Pg10

Key Highlights:

• Mobile internet services were temporarily shut down in parts of Central Delhi during the ‘Chalo Sansad’ protest organized by the Cockroach Janta Party (CJP) on the opening day of Parliament's Monsoon Session.
• The protest demanded the resignation of Union Education Minister Dharmendra Pradhan following NEET paper leaks and irregularities in CBSE examinations.
• Internet shutdowns in India are now governed by Section 20 of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.
• India continues to record one of the highest numbers of internet shutdowns globally, with 65 shutdowns across 12 States and Union Territories recorded in 2025.
• The Supreme Court, in Anuradha Bhasin v. Union of India (2020), affirmed that access to the internet is linked to fundamental rights under Articles 19(1)(a) and 19(1)(g).

Detailed Insights:

• The recent internet shutdown in Delhi drew condemnation from organizations like the Internet Freedom Foundation (IFF) and the Software Freedom Law Centre, India (SFLC).
• An internet shutdown is defined as an intentional disruption of internet or electronic communications, often to control information flow.
• Previously, internet shutdowns were governed by Section 5(2) of the Indian Telegraph Act, 1885 and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
• Despite the new legal framework, some State governments continue to invoke the older Indian Telegraph Act, 1885 and the 2017 Rules, bypassing new procedural safeguards.
• The Telecommunications Act, 2023 permits suspension of services only during a public emergency or in the interest of public safety, requiring recorded reasons, limited area and duration, and issuance by a competent authority.
• The Supreme Court mandated that any shutdown must be lawful, pursue a legitimate objective, be necessary and proportionate, and be the least restrictive measure available.
• Orders for internet suspension must be published, accompanied by detailed reasons, and reviewed by a competent committee.
• Under the Telecommunications (Temporary Suspension of Services) Rules, 2024, a suspension order cannot remain in force for more than 15 days.
• Jammu & Kashmir has experienced the highest number of internet shutdowns in India, followed by Rajasthan and Manipur.

Key Concepts Involved:

• Internet Shutdown: Intentional disruption of internet or electronic communications, rendering them inaccessible or unusable.
• Telecommunications Act, 2023: The primary legislation governing telecommunication services in India, replacing the Indian Telegraph Act, 1885.
• Telecommunications (Temporary Suspension of Services) Rules, 2024: Rules specifying the procedure and conditions for temporary suspension of telecom services, including internet.
• Anuradha Bhasin v. Union of India (2020): A landmark Supreme Court judgment that declared access to the internet a fundamental right under Article 19 of the Constitution.