Codify an Internet shutdown protocol

Internet shutdowns in Rajasthan – as well as Uttar Pradesh and West Bengal – the latest case related to curbing cheating in examinations, has run against a Supreme Court ruling that allows suspension of freedom of expression and trade on grounds of national security and protection of citizens. This latest petition to codify internet shutdown procedures has wider ramifications. India holds the dubious record of the most internet shutdowns among countries, and permitting this for not-so-grave reasons risks holding this record for longer than necessary. Internet restrictions in Kashmir have a strategic bearing that cannot be altered in the immediate future. But GoI must codify limits on administrative overreach. It does the world’s largest democracy’s international standing no favour to find itself ahead of Ukraine and Iran, the two countries next in the list of most internet shutdowns.

Restrictions on valid reasons for local administrations to order suspension of internet services in districts have been tightened in the Telecom Suspension Rules 2017. But the Supreme Court has sought plugging of procedural gaps. Unannounced restriction of internet services is illegal and orders must satisfy the tests of necessity and proportionality. The court has asked GoI if a protocol exists to curb arbitrary internet shutdowns. That is a valid ask. Apart from business, governance and justice are affected by lack of virtual access.

There is some progress on the ground with the number of incidents of internet restrictions declining last year. Yet, that cannot compensate for a codified response. There is scope to grade restriction to, say, control of social media instead of an internet shutdown. A case can also be made to have provision of internet access declared an essential service. The ministry of electronics and information technology is the competent authority, the Supreme Court has observed, rather than state governments to address the matter. The response from GoI can bring clarity to the issue and reduce recourse to the judiciary.