Laitonjam Muhindro, Ph. D

While internet shutdowns may appear to be an effective strategy for suppressing protests and maintaining order in the short term, they fundamentally infringe upon the fundamental human rights of freedom of expression and the right to access information. These rights are enshrined in Article 19(1)a of the Universal Declaration of Human Rights and various United Nations resolutions that guarantee the protection of these freedoms. The implications of these shutdowns extend far beyond the immediate suppression of dissent, raising serious concerns about the long-term impact on democratic values and citizen engagement. This is to understand a comprehensive analysis of the human rights issues associated with the increasing prevalence of internet shutdowns, with a particular focus on the situation in India, specifically in the region of Manipur, as well as a broader global perspective. The study will delve into the various ways in which these shutdowns affect individuals and communities, examining the impact on their ability to exercise their rights and participate in public discourse. The imposition of preventive internet shutdowns by Indian authorities has become a disturbing trend, disrupting the daily lives of ordinary citizens without any conclusive evidence that they are effective in restoring peace and stability. Furthermore, these shutdowns severely impede access to essential information, particularly during times of crisis and emergencies, when access to timely and accurate information is most critical for the safety and well-being of the population.

Internet shutdown is becoming a global phenomenon where the controlling authority is treated as the most convenient and easy tactic to suppress issues immediately in the name of public order.  It is reported that 187 times were in 35 countries around the world during 2022 while compared to 76 times in 2016. Usually, an internet shutdown entails purposefully interfering with electronic communications or the internet to the point that they are rendered completely or partially inoperable. Internet shutdowns have occasionally impacted entire nations, but they usually target a specific population or geographic area to limit the free flow of information in that area. Full and localized shutdowns, bandwidth throttling, and service-based blocking of two-way communication platforms are examples of internet shutdowns, often known as “blackouts” or “kill switches.”

International law has established clear guidelines that acknowledge internet access as an essential requirement for both the practice and fulfillment of human rights, whether in digital spaces or in real life. The UN Human Rights Council has repeatedly stated that “the same rights individuals possess offline must also be safeguarded online” and has urged all nations to improve access to and utilization of the internet to foster the complete realization of human rights for everyone. States frequently depend on the justification of “national security” or “public order” to rationalize the interruption of internet services. In legal disputes concerning internet shutdowns, it is crucial to perform a comprehensive analysis of limitations to demonstrate to a court that a right has been violated and that this limitation fails to satisfy the criteria established by Article 19(3) of the ICCPR.

Necessity and proportionality

At the core of challenging internet shutdowns is demonstrating that such actions infringe upon the rights to freedom of expression and access to information, as well as other rights including health and education. Nevertheless, because freedom of expression is not an absolute right, it can be restricted under specific conditions, but only when such restrictions, in line with international human rights standards, are “established by law” and “essential” to guarantee “the respect for the rights or reputation of others” or for “the safeguarding of national security or public order, or public health or morals.”