Of late, we have been noticing increasing instances of government-sanctioned restrictions on internet access. These were primarily imposed during times of political instability or when a threat to national security has been perceived. Internet shutdowns have been so widespread; they have become the “new normal” across countries.
What is an Internet Shutdown?
An internet shutdown occurs in the form of a willing disruption of internet-based communication. It involves denial of internet access to a particular population in a certain location or a specific mode of access. The aim is to gain control over the dissemination of information. Such a shutdown may be national wherein the entire nation is denied internet access or sub-national when such access is denied to a specific area.
When do Internet Shutdowns Occur?
An internet shutdown occurs when a state feels a grave threat to the law-and-order situation or national security. With time, the circumstances that have invited such shutdowns have expanded. Today, such a shutdown may be imposed even during peacetime, suppose when a religious procession is being taken out that may disrupt communal harmony or just to prevent students from cheating during exams.
It has never been clearly stated that when an internet shutdown can be imposed. However, The Digital Empowerment Foundation has observed that governments have set these shutdowns during protests on most occasions. It’s also argued such restrictions are imposed on grounds as frivolous as preventing cheating during exams.
Incidents of Internet Blackouts Worldwide
In November 2019, a ban on the internet was imposed by the Iranian authorities to curb national protests. While Iranians remained largely connected to the National Information Network, the people in Sistan and Baluchistan suffered the most due to the region’s poor infrastructure. Iranian authorities have never acknowledged that the internet ban was a violation of human rights to date.
In Africa, such a shutdown occurred in Somalia in 2017. It was a gross violation of human rights as the three-week ban meant that people were denied access to health services as online medical paperwork couldn’t be completed. Humanitarian assistance was obstructed as well.
Ironically, India, the “World’s Largest Democracy,” has seen many internet shutdowns in recent times, the latest one occurring in Kashmir after the abrogation of Article 370 of the Constitution. This change took away Kashmir’s special status allowing people from outside the state to settle in Kashmir after acquiring landed property. It unleashed a wave of protests, and the Indian government imposed a ban on the internet in 2019 to curb the protests.
A Violation of Your Freedom
People communicate with family and friends using the internet. Access to the internet is also crucial for many employees, as they might be unable to complete their tasks. Businesses suffer as well, as they may lose profits and opportunities. As such, it may be argued that internet access is equivalent to the right to freedom of expression and opinion. So, any denial of access to the internet may be seen as a violation of basic freedom.
The Right to Freedom of Expression and Opinion is recognized in the Universal Declaration of Human Rights. It’s enshrined in many constitutions of the countries where such denials to internet access have been imposed. So, the government is duty-bound to help protect these rights and ensure that citizens enjoy them. In 2012, the UN Human Rights Council reaffirmed that be it online or offline, the right of the people to enjoy The Right to Freedom of Expression and Opinion should be protected.
Internet shutdowns should therefore be considered a severe violation of individual freedom. It’s true that The Right to Freedom of Expression and Opinion is not absolute and can be restricted when there’s a reasonable ground to do so. However, they should follow the three-part test as mentioned in the ICCPR’s Article 19(3) and meet the criteria of proportionality and necessity.
Internet shutdowns are a serious violation of human rights, just like online surveillance by government and agencies. Almost all the governments across the length and breadth of this earth indulge in online surveillance. Some countries might impose minimal restrictions or filtering. However, others could go that extra mile. You must be extremely careful and use every possible tool to stay safe. For instance, you can use an online VPN and try to regain access to blocked online services. However, in the case of full-fledged internet shutdowns, obviating them might be more difficult.
Each one of us is so dependent on the net that a ban on it causes immense hardships. While there are occasions when such a ban may seem necessary, they should be the exception rather than the norm. The UN Human Rights Council also recognizes the sanctity of individual freedom. These fundamental rights should not be compromised.
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