India: Internet outages do more harm than good

In a world where life is measured in terms of data, the internet shutdown imposed in Manipur, India has unleashed an apocalyptic calamity.

The violence-ravaged state has suffered a fatal blow due to the hackneyed policy of the administration, which sees shutting down the internet as the easiest way to save Manipur from the brink.

Half a decade ago, the Government of Kerala took a bold step by declaring the Internet a basic human right and made it clear that it intended every home to have Internet coverage. Last month, the state launched the ambitious public-focused K-FON (Kerala Fiber Optic Project) to provide free high-speed Internet to the poor and affordable prices to others. It is the first project of its kind in the country.

There have been several historic rulings, such as that of the Supreme Court in the Anuradha Bhasin v. Union of India case (2020), which declare the paramount importance of the Internet in different spheres of life and livelihood. However, various governments have been imposing Internet shutdowns without even respecting the unanimous recommendations of the Parliamentary Standing Committee on Communications and Information Technology in this regard.

Every year Internet services are suspended in different parts of the country. This same year there have been, up to now, about three dozen such casesManipur being the last.

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A recent visit to conflict-torn Manipur revealed the crippling impact of the internet shutdown, which has hit the population like a second calamity. On both the plains and the hills, the Internet vacuum has bled the entire population dry. It has aggravated the socioeconomic conditions of the state. Economic activities have come to a standstill. Even remote homes that depended on the network to connect to their daily needs seem to have been left out.

The administration always hides behind the facade that imposing the armed forces and repealing the network can bring normalcy to an area hit by violence. Never in Indian history have such quick fixes worked, and they have been rather counterproductive. In the case of Manipur, evil whispers have been flourishing and the absence of the internet has turned the state into a breeding ground for fake news and false propaganda. Management never realizes that it is also a victim of its own ill-conceived decisions.

Every year Internet services are suspended in different parts of the country. This same year there have been, up to now, about three dozen such casesManipur being the last.

Prudent use of the Internet would have easily provided channels for disseminating useful information to allay misgivings and set the record straight. Ironically, governments have never bothered to assess the catastrophic impact, let alone analyze the economic losses. Industry sources have conservatively estimated nearly Rs 40 billion worth of losses over the past three years from more than 16,000 hours of internet outages across the country. But the impact is widespread and goes far beyond the economic sphere, and can even affect daily and mundane activities. The business loss is tangible, but the devastating impact on education, information, health, entertainment and other facets of life finds no mention in official reports. The Union government has relied on its achievements in turning India into a huge digital hub, but it is also using the internet shutdown as the quickest way to deal with violence.

This editor is a member of the Permanent Parliamentary Committee on Communications and Information Technology, which a few years ago deliberated long and hard on the issue of frequent internet outages.

On December 1, 2021, the Standing Committee presented to Parliament its report on “Suspension of telecommunication/Internet services and its impact” and recommended to the Department of Telecommunications and the Ministry of the Interior a wide range of measures including the review of regulations, oversight mechanisms, transparency and the need to consult stakeholders. But departments have been lukewarm in implementing these recommendations.

The permanent commission was shocked to learn that none of the ministries was aware of the frequent Internet outages in different parts of the country. In addition, it was revealed that despite having a new Temporary Suspension of Telecommunications Services (Public Emergency and Public Safety Rules, 2017), the cuts are also taking place under Section 144 of the CrPC, which it only requires the approval of as low an official as a Tehsildar. The telecommunications regulations issued in 2017 did not make reference to article 144 of the Penal Code, which gave rise to this enigma.

The committee, while expressing its dissatisfaction with the negative attitude of the departments in the implementation of its previous recommendations, presented its Action Taken Report on February 9, 2023 in Parliament. Recommendations included establishing a proper process for invoking network closures, creating a review committee comprising eminent personalities including judges, developing a uniform set of guidelines and standard operating procedures, and most importantly, maintain a centralized database for Internet shutdowns.

Apart from the Standing Committee, the Supreme Court and several higher courts have detailed the importance of the Internet and have issued guidelines and instructions in a series of judgments. In September 2019, the Kerala High Court, in a landmark decisionheld that the right to internet access is a fundamental right.

On December 1, 2021, the Standing Committee presented to Parliament its report on “Suspension of telecommunication/Internet services and its impact”

The court interpreted the scope of the right to the internet with several fundamental rights, such as the right to education, the right to privacy, etc. In the Anuradha Bhasin judgment, the Supreme Court issued detailed guidelines and made it categorically clear that freedom of expression and freedom to pursue any profession or conduct any trade, business or occupation over the Internet enjoy constitutional protection under Article 19, paragraph 1, letter a), and article 19, paragraph 1, letter g), of the Constitution. However, several governments have made fun of all this.

Administrations may have to resort to suspending Internet services in certain cases, but it should not be done at the first opportunity. As the Parliamentary Committee suggested, it should be proportionate and done after careful consideration of the pros and cons. As a young businessman from Imphal told me, the internet shutdown has dragged him into a dark cave. We have no right to push our citizens into a pre-information age when the world has accepted the internet as a basic human right. As the adage goes, “sunlight is the best disinfectant”, and the internet can play a constructive role in quelling violence.

Article republished from The Wire as part of an agreement between both parties to share content. Link to the original article:https://thewire.in/tech/manipur-is-further-proof-that-internet-shutdowns-do-more-harm-than-good

He is a member of the Rajya Sabha and recently visited Manipur.