The Ministry of Communications‘ recent revelation about not consulting with civil society, activists, experts, and researchers regarding the framing of rules for internet suspension under the Telecommunications Act, 2023, has sparked concerns about potential misuse of power and lack of transparency in the process. With Section 20 of the Act granting broad powers to suspend telecommunication services on grounds like public emergency, safety, and national security, there is a risk of arbitrary internet suspensions and increased government surveillance without clear procedures for implementation.
Members of Lok Sabha, including Gaurav Gogoi, Benny Behanan, Sukhdeo Bhagat, and Harish Chandra Meena, raised important questions about internet shutdowns and associated rules. They inquired about the government’s awareness of India reporting the highest number of government-ordered internet shutdowns globally, district-wise and month-wise data on internet shutdowns between 2018 and 2024, the social and economic impact assessment of internet shutdowns in India, and whether consultations are being conducted on rules for internet suspension under the Telecommunications Act, 2023.
In response, Minister of State for Communications and Rural Development, Dr. Pemmasani Chandra Sekhar, highlighted that the government had informed all Chief Secretaries and Administrators of States and Union Territories in 2020 about the Supreme Court’s directive to publicly publish all internet suspension orders. He emphasized the importance of adhering to the principle of proportionality and limiting the duration of telecom service suspensions.
However, concerning the data on internet shutdowns, the Ministry of Communications stated that the Department of Telecommunications has not maintained centralized data on internet ban orders issued by State governments or UTs, as these matters fall under State jurisdiction. Orders approved by the Ministry of Home Affairs are available on their website. Additionally, the government has not conducted an assessment of the social and economic impact of internet shutdowns in India, raising questions about the lack of understanding of the consequences of such actions.
The absence of consultations with stakeholders for the implementation of Section 20 of the Telecommunications Act raises concerns about the potential for unjustifiable and disproportionate internet bans. Internet rights groups have highlighted the increasing use of shutdowns as a preventive measure, often without adherence to prescribed rules and with extended durations. The Standing Committee on Communications and Information Technology has criticized the DoT and MHA for failing to maintain records of internet shutdowns ordered by State Governments and stressed the importance of ensuring compliance with telecom suspension rules and proper review by Review Committees across states.
In conclusion, the lack of transparency and consultation in framing rules for internet suspension under the Telecommunications Act, 2023, raises significant concerns about potential misuse of power and violation of citizens‘ rights. It is essential for the government to engage with stakeholders, maintain transparency in decision-making processes, and ensure that internet shutdowns are proportionate, justified, and subject to proper oversight to protect the fundamental rights of citizens.