Provisions regarding Internet shutdown

Recently, the Parliamentary Standing Committee on Information Technology has criticized the Center for internet shutdown.

Control over the flow of information is established by Internet shutdown. It is defined as a deliberately created barrier to Internet or electronic communication for a specific population or location.

This can be accomplished through Internet blackouts, social media shutdowns, or throttling.

The following key issues were highlighted by the committee:

  • Internet shutdowns greatly affect the local economy, health services, freedom of the press and education.
  • Telecom operators incur a loss of Rs 2.45 crore per hour in each circle area at locations where internet shutdown or throttling is done.
  • Other businesses that rely on the Internet lose up to 50% of this amount.
  • There is currently no clear-cut rule for determining Internet shutdowns.
  • The Telecom Ministry has been criticized for not doing an impact assessment study of the Internet shutdown.

Key recommendations:

  • Instead of banning the entire internet, alternatives that ban selected services (like Facebook, WhatsApp etc) used by terrorist/anti-social elements should be exercised.
  • There should be a standard operating procedure to periodically review Internet shutdowns.

Legal Provisions Related to Internet Shutdown in India:

  • Till the year 2017, most of the provisions were governed under Section 144 of the Code of Criminal Procedure (Cr.P.C) and the Indian Telegraph Act, 1885.
  • In the year 2017, the Telecom Temporary Service Suspension (Public Emergency and Public Safety) Rules were notified. Despite the rules, the government has also exercised wide powers under section 144.
  • Section 69A of the Information Technology (Amendment) Act, 2008 provides the power to block certain websites.

Source – The Hindu

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