Panel for more safeguards during internet shutdowns

NEW DELHI: The government should explore the possibility of banning particular internet services, such as messengers like WhatsApp and social media websites like Facebook, instead of putting in place blanket internet bans, a panel looking into shutdown of telecommunications and their impact said in its report to Parliament.

The standing committee on communications and information technology, headed by Congress MP Shashi Tharoor, made close to a dozen specific recommendations, including for the government to lay down standard operating procedures and for assessments to be done on whether such shutdowns work at all.

The recommendations were based on what the committee said was huge impact of such shutdowns, which curtailed access to critical services. “The committee notes that internet is of immense importance in the present digital era. It is the lifeline which is propelling businesses and services, permitting students to enrol for important examination, and enabling home delivery of essentials,” it said in its report.

In particular, the committee said that the government must “lay down a clear cut principle of proportionality and procedure for lifting of shutdowns so that these are not extended indefinitely even when the situation comes under control affecting the life and liberty of people”.

The panel said it found rules were lacking in clarity, the mechanisms did not include adequate safeguards, and there was limited consultation and oversight in the process. A standing committee’s report is not binding for the government to accept, but if it does not, it will need to outline reasons for not doing so in writing.

The committee’s members visited Jammu and Kashmir as it looked into the issue, particularly after the internet shutdown there drew criticism and the intervention of the Supreme Court.

“The committee notes that under the present mechanism... no parameters have been laid down to decide the merit or justice of the telecom/internet shutdowns. Internet shutdowns have been ordered purely on the basis of subjective assessment and reading of the ground situations by district-level officer and is largely based on executive decisions,” it said.

“The committee, therefore, recommend that a proper mechanism is put in place at the earliest to decide on the merit or appropriateness of telecom/internet shutdowns.”

According to a March 2021 assessment by advocacy group Access Now, India “shut down the internet more than any other nation — a total of at least 109 times” out of 105 countries from where data was collated.

“It’s quite a strong indictment of the problem and the government’s approach to internet shutdowns is bringing India global infamy.

The report enumerates issues of arbitrariness and the overreach, and it takes a position to call on the government to take action in specific ways to address problems. The report has been adopted by its members across party lines so if the government chooses to ignore this entirely, it will be concerning,” said Raman Jit Singh Chima, Asia policy director at Access Now, which coordinates the KeepItOn campaign against internet shutdowns across the world.

The panel also noted that there was no centralised data on such orders and that many states did not yet have a review committee.

It proposed that “both the department of telecommunications (DoT) and the ministry of home affairs should establish a mechanism at the earliest to maintain a centralised database of all internet shutdown orders in the country” with the reaso ns and duration for shutdown, the details about the decision of the competent authority, the decision of the review committees and whether any shutdown was ordered by resorting to Section 144 of CrPC.

The panel particularly flagged the issue of several states using CrPC section 144 to order internet shutdowns when the proper channel would be to invoke the telecom suspension rules.

The committee also said the review committees, which vet suspension orders, must be restructured.

“There is a need to make the Review Committees more broadbased by including more non-official members such as retired judges, members of the public etc. so as to enable them to gauge the situation in the right broadest possible perspective and provide a critical and objective assessment of the ground situation,” the report said.

The panel suggested that the government carry out assessments to determine whether there are any benefits to internet shutdowns from a law-andorder perspective and study how other democratic countries approach such rules.

“The committee are of the view that one of the best mechanisms to deal with any law and order situation is the ability of the law enforcement agency to quickly respond to the crisis. Internet shutdown 57 cannot be a substitute for enforcing law and order,” it said.