Internet blackouts have become a controversial issue in India, and questions surrounding their implications for freedom of the media, the public's access to information and accountability of democracy are taking centre stage. This paper explores the legal, social, and political dimensions of these shutdowns, positing that they often function as mechanisms of control rather than sincere responses to security worries.
Through an analysis of India’s legal framework (the Telegraph Act, 1885, and Section 144 of CrPC), the paper demonstrates the lack of judicial oversight and procedural safeguards that allow for arbitrary use of blackouts. Based on comparisons with the levelling of international best practices in democracies such as the United States, the European Union, and Brazil, this research examines how to strike the right balance between national security and digital rights.
Also needed are judicial pre-authorisation, legislative reforms and the establishment of independent oversight bodies to ensure transparency and accountability; make the process public.
Key recommendations include judicial pre-authorisation, legislative reforms, and the establishment of independent oversight bodies to ensure transparency and accountability; make the process public.
The paper uses selected case studies, such as the Jammu & Kashmir lockdown and the farmers protests, to highlight how internet shutdowns not only obfuscate the role of the media as the Fourth Estate and disrupt public discourse but also detach citizens and dilute the democratic architecture. This paper argues for an affirmative vision of internet governance consistent with global human rights standards to ensure that the internet remains an enabler of expression, not an enforcer of repression.
