MEASURING INTERNET FREEDOM IN INDIA

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Context

• For about five years India has topped the global list of countries imposing internet shutdown.

Magnitude of Internet Blackouts

• India leads globally in internet shutdowns, experiencing 780 shutdowns between 2014 and 2023.
• In 2023 alone, over 7,000 hours of internet disruptions were recorded.
• Major events triggering shutdowns include the Citizenship Amendment Act protests, Article 370 abrogation, and Farm Bills protests.
• Jammu and Kashmir witnessed 433 shutdowns in the past 12 years, while Manipur endured the longest shutdown from May to December 2023, sparking debates on international standards compliance.

Legislative Framework

• Indian Telegraph Act: Empowers states to impose shutdowns during "public emergencies" or for "public safety," lacking precise definitions.
• Section 69A of the IT Act: Forms the basis for online content censorship, resulting in over 55,000 website blocks.
• Unlawful Activities (Prevention) Act: Used to block URLs linked to banned organizations, as exemplified in The Caravan's case.

Triggers for Shutdowns

• National Security and Public Order: Frequently cited reasons during protests and political unrest.
• Political Turmoil: Shutdowns implemented to quell unrest amidst significant policy changes, like the introduction of Farm Bills.
• Regional Conflicts: Ethnic clashes, such as those in Manipur, led to extended blackouts.
• Information Control: Shutdowns employed to restrict information flow, especially during sensitive periods like in Jammu and Kashmir.
• Response to Protests: Shutdowns enacted in response to large-scale protests, such as those seen in Haryana during farmers' protests.

Consequences of Internet Shutdowns

• Global Standards Compliance: Frequent shutdowns often fail to meet the 'three-part test' for legality, legitimacy, and proportionality under international law.
• Economic Ramifications: India's shutdowns caused over 70% of global economic losses in 2020.
• Legal and Rights Issues: Despite Supreme Court rulings highlighting violations of fundamental rights, transparency in shutdown orders remains inadequate.
• International Standing: Frequent shutdowns contributed to India's declining global internet freedom ranking, from 59 points in 2016-2017 to 50 points in 2023.