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Legal Framework Governing Internet Shutdowns in India (Source: The Hindu)

Context

Mobile internet services were temporarily suspended in parts of Central Delhi during protests organised by the Congress-led Parliament protest. The incident has renewed debate over the legality, proportionality, duration and judicial review of internet shutdown orders.

Telecommunications Act 2023 and Internet Shutdowns

Explanation

  • An internet shutdown is an intentional disruption of internet or electronic communication services in a specified area.
  • Shutdowns are governed by Section 20 of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.
  • They may be imposed only during a public emergency or in the interest of public safety.
  • Orders must be reasoned, proportionate, geographically limited, published and periodically reviewed.
  • In Anuradha Bhasin v. Union of India (2020), the Supreme Court linked internet access with Articles 19(1)(a) and 19(1)(g).
  • Indefinite suspension is impermissible; shutdown orders can be challenged under Articles 226 and 32.

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