Unlawful Expansion of Internet Shutdown Powers in India

The suspension of Internet services in India has become a recurring issue, often imposed under the guise of maintaining public order and security.

The legal framework governing Internet shutdowns was established initially under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, and is now governed by the Temporary Suspension of Telecommunication Services Rules, 2024 (2024 Rules), which came into force on 22 November 2024 under the Telecommunication Act, 2023. The framework sets out specific criteria that must be met before such extreme measures can be taken.

However, an analysis of recent Internet shutdown orders indicates that authorities frequently exceed their vested powers, issuing blanket suspensions that do not adhere to the legal requirements of necessity, proportionality, and reasoned justification.

The Legal Framework: Conditions for Internet Shutdowns

An Internet shutdown can be imposed by the Central Government, State Government, or an officer specially authorized by either, under specific conditions. These include any public emergency or considerations related to public safety. Additionally, shutdowns may be enacted if deemed necessary or expedient in the interest of the sovereignty and integrity of India, defense and security of the State, friendly relations with foreign States, public order, or for preventing incitement to the commission of any offense.

Any shutdown order must adhere to the prescribed procedures and safeguards, be issued in writing with clearly recorded reasons, and specify the duration and manner of enforcement. Additionally, the order must include essential details such as the date, time, and the specific area affected by the suspension. As the Telecommunications Act of 2023 outlines, the governing provisions ensure that such orders are not arbitrarily imposed. However, despite these legal requirements, many government-imposed Internet shutdowns continue to fall short of the prescribed standards.

Failure to Meet Legal Requirements

Examining shutdown orders issued in various states highlights a disturbing pattern of non-compliance with legal mandates. For instance, two Internet shutdown orders issued in Manipur on the 8th and 23rd November 2023 relied on a generic justification, stating:

“There is apprehension that some anti-social elements might use social media extensively for transmission of images, hate speech, and hate video messages inciting the passions of the public, which might have serious repercussions for the law and order situation in the State of Manipur.”

Only a limited number of the numerous Internet shutdown orders issued have been made public—many of them disclosed solely due to our applications filed under the RTI Act. These publicly available orders, like many others issued across states such as Jammu and Kashmir, Haryana, Rajasthan, Punjab, and Odisha, lack specific reasoning or supporting evidence to justify the necessity of an Internet shutdown. Instead, they are often based on vague apprehensions, falling short of the high threshold established by law and reiterated by judicial precedent.

Furthermore, data recorded by SFLC.in indicates that almost all states mentioned above have followed a similar trend—issuing shutdown orders based on generic statements without substantive justification. This practice raises serious concerns about transparency, accountability, and potential misuse.

Overreach of Powers: The Case of Bihar

An analysis of Internet Shutdown orders from the State of Bihar shows an even more concerning pattern. Apart from the deficiencies mentioned above, the shutdown order dated 27 March 2023, among several other orders, exceeds the powers granted under the 2024 Rules by suspending Internet services and blocking websites and mobile applications. More alarmingly, these orders lack proper application of mind, as they block applications such as Google+, Viber, and WeChat—platforms that no longer exist in India.

Apart from showing non-compliance with statutory rules, such actions exceed the permissible scope of shutdown orders and demonstrate an apparent disregard for the principles of necessity and proportionality. The blocking of outdated or non-operational applications illustrates the arbitrary nature of these orders, raising critical questions about whether they are issued with due diligence or merely as a routine administrative exercise without meaningful scrutiny.

Implications for Fundamental Rights

The absence of a clear, specific, and legally sound justification in these orders directly undermines the principles enshrined in the Indian Constitution. Article 19(1)(a) guarantees the right to freedom of speech and expression, which includes the right to access information. Any restriction on this fundamental right must be reasonable, necessary, and proportionate, as established by the Supreme Court in Anuradha Bhasin v. Union of India, 2020 SCC OnLine SC 25. The Court emphasized that:

“Suspension of Internet services indefinitely is impermissible. The restrictions must be necessary and proportionate.”

The continued issuance of vague and arbitrary shutdown orders directly contradicts this judicial directive. By imposing such restrictions without adequate reasoning, authorities are violating constitutional rights and setting a dangerous precedent for the unchecked use of executive power.

The Way Forward

The following steps must be taken to curb the misuse of Internet shutdown powers:

1. Strict Adherence to Legal Requirements: Authorities must ensure that all Internet shutdown orders meet the criteria laid down in the Rules and are supported by specific, documented reasons. Further, they must ensure that the Internet shutdowns are imposed strictly as per the conditions detailed in the Shutdown Order.
2. Judicial and Administrative Oversight: Independent review mechanisms should be established to scrutinize shutdown orders before they are enforced, ensuring compliance with constitutional principles and measures that must be set in place against the District Administrators who do not comply with the newly prescribed rules.
3. Transparency and Accountability: The government must make all shutdown orders publicly accessible, preferably on the Home Department website of each State, providing clear explanations for the suspension of services in the regional language.
4. Periodic Review of Shutdown Orders: Orders must be time-bound and reviewed periodically to prevent unnecessary extensions.

The increasing misuse of Internet shutdown powers, as evidenced by the arbitrary orders issued across multiple states, highlights the urgent need for stricter enforcement of legal safeguards. The law mandates that Internet suspensions must be reasonable and proportionate and used only as a last resort. However, the prevailing practice of issuing vague and sweeping shutdown orders violates constitutional rights and sets a dangerous precedent for executive overreach.

Unless corrective measures are implemented, the erosion of fundamental freedoms will continue, undermining the very principles of democracy and the rule of law in India.

Follow Internet shutdowns and service-blocking events happening in India via the Pulse Internet Shutdown Tracker.

This story is adapted from the original story that first appeared on the SFLC Blog.

SFLC.in is a donor-supported legal services organisation that has united lawyers, policy analysts, technologists, business professionals, students, and citizens to protect freedom in the digital world since 2010. One of its projects tracks Internet shutdown events across India in an attempt to draw attention to the troubling trend of disconnecting access to Internet services, for reasons ranging from curbing unrest to preventing cheating in an examination.

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Photo by Nilotpal Kalita on Unsplash