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Detailed Report on Internet Shutdowns

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Detailed Report on Internet Shutdowns Living in Digital Darkness: A Handbook on Internet Shutdowns in India © Copyright 2018 SFLC.in. Licensed under Creative Commons BY SA NC 4.0 Design: Published by: SFLC.in Printed by: SFLC.in K9, 2nd Floor, Birbal Road Jangpura Extension New Delhi – 14 India Email: [email protected] Website: https://www.sflc.in Twitter: @SFLCin Table of contents List of abbreviations...............................................................................................................................................................i List of statutes...................................................................................................................................................................................ii 1. INTRODUCTION ...................................................................................................................................................................................1 1. Scope ................................................................................................................................................................................................................2 2. Methodology .............................................................................................................................................................................................2 2. UNDERSTANDING INTERNET SHUTDOWNS................................................................................................4 1. What are Internet shutdowns?............................................................................................................................................. 4 2. Why are Internet shutdowns imposed?....................................................................................................................... 5 3. INTERNET SHUTDOWNS UNDER LAW.................................................................................................................8 1. Section 144, Criminal Procedure Code, 1973............................................................................................................. 8 2. Section 5(2), Indian Telegraph Act, 1885................................................................................................................. 12 3. Temporary Suspension of Telecom Services (Public Emergency and Public Safety) Rules, 2017........................................................................................ 13 4. INTERNET SHUTDOWNS IN INDIA....................................................................................................................... 16 1. Mode of restriction.........................................................................................................................................................................62 2. Duration of shutdowns..............................................................................................................................................................63 3. Nature of shutdowns....................................................................................................................................................................63 5. VOICES OF THE AFFECTED.............................................................................................................................................. 64 1. Impact on business and economy.................................................................................................................................. 64 2. Impact on human rights......................................................................................................................................................... 65 3. Impact on education................................................................................................................................................................... 66 4. Psychological impact.................................................................................................................................................................. 67 5. Impact on the health industry...........................................................................................................................................67 6. CONCLUSION........................................................................................................................................................................................68 List of abbreviations CEO Chief Executive Officer CrPC Code of Criminal Procedure GDP Gross Domestic Product ICT Information and Communication Technologies IPC Indian Penal Code ISP Internet Service Provider IT Information Technology RTI Right to Information SMS Short Message Service Telecom Telecommunications TSP Telecommunications Service Provider UN United Nations UNHRC United Nations Human Rights Council VSAT Very Small Aperture Terminal WSIS World Summit on the Information Society i List of statutes . Code of Criminal Procedure Code, 1973 . Indian Penal Code, 1860 . Indian Telegraph Act, 1885 . Temporary Suspension of Telecom Services, (Public Emergency or Public Safety) Rules, 2017 . Information Technology Act, 2000 . Right to Information Act, 2005 ii CHAPTER 1 Introduction The Internet has long been identified as ternet shutdowns is that law and order one of the greatest technological advance- breakdowns are made worse by rumors ments of recent times, and has proven and misinformation circulating online, over the years to be a critical enabler of so- and curbing access to the Internet is an ef- cial and economic change. As observed by fective aid in restoring normalcy. During the Outcome Document of the High-Level a shutdown, Government agencies usually Meeting of the United Nations General As- order Telecom Service Providers (TSPs) to sembly on the Overall Review of the Imple- stop providing Internet services in one or mentation of WSIS Outcomes, Information more localities so that residents are pre- and Communication Technologies (ICTs) vented from easily accessing and circulat- including the Internet have seen penetra- ing information that is seen as incendiary tion into almost all corners of the globe, or otherwise harmful. created new opportunities for social inter- action, enabled new business models, and The frequent resort to Internet shutdowns contributed to economic growth and de- by the State as a mitigation and preven- tion strategy, mostly in the developing Governments across the world countries is a cause of concern. Between are increasingly resorting to January 2012 and May 1, 2018, India has Internet shutdowns (also referred to as experienced 174 Internet shutdowns for Internet blackouts) for a wide range of various reasons and durations across 19 of reasons, all with the objective of the 29 states in the country(1). Apart from controlling the exchange of India, Internet shutdowns have also been information online. reported in over 30 other countries, in- cluding among others, Pakistan, Bangla- desh, Mynamar, Egypt, Congo, Syria, Su- velopment in all other sectors. It was fur- dan, Burundi, Iraq, and Venezuela. ther observed that increased ICT connec- tivity, innovation, and access have played Frequent Internet shutdowns by the State a critical role in enabling progress on the come with several problems, like obstruct- Millennium Development Goals. ing the free flow of information and essen- tially bringing many aspects of modern However, Governments across the world society to a grinding halt. Businesses, ed- are increasingly resorting to Internet ucational institutions, hospitals, and even shutdowns (also referred to as Internet Governments themselves have come to blackouts) for a wide range of reasons, all rely extensively on the Internet over time, with the objective of controlling the ex- and without it, the day-to-day functioning change of information online. The most of such entities are significantly crippled. widely cited reason for instituting In- It has also been argued that cutting off 1. Internet Shutdown Tracker, available at: https://www.internetshutdowns.in, last accessed on May 1, 2018 1 Internet access in a crisis prone/inflicted ly or passively participate in the debate area might prove to be detrimental rather around Internet shutdowns on any level. than beneficial, as a disconnect from the As the Internet stakeholder community Internet in such situations restricts the comprises virtually all Internet users, this accurate and timely reportage that is nec- includes everyone from daily consumers essary even for relief and disaster man- of online infotainment, to students, re- agement. searchers, and academicians who rely on the Internet to a large extent for research, It is troubling that even though the businesses that have migrated much of world has taken collective cognizance their day-to-day operations online, civ- of the importance of the Internet in en- il society members looking to effectively abling sustainable growth and develop- engage in policy discussions, and even the ment, and most jurisdictions have laws Government, who has the unenviable task that guarantee and ensure respect for of regulating the open Internet in a fair, fundamental human rights such as the just, and reasonable manner while making right to free speech and expression, sure that it is not used in ways that threat- Internet shutdowns are nevertheless en the safety and well-being of citizens. gaining momentum in many parts of the world. Not only do Internet shutdowns Methodology disrupt the smooth functioning of soci- A mix of primary
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