The Legal Disconnect: An Analysis of India’s Internet Shutdown Laws

Abstract

Internet shutdowns have risen sharply in India over the past year. While we may not be able to formally link causality between a set of rules which legally govern and empower the prohibition of internet services in India, this paper attempts a threadbare legal analysis of their reasonableness based on precepts of natural justice. This paper builds on the understanding Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 while are unconstitutional are previously argued by the author, due to their secrecy, inadequate oversight and limitations on the review committee also fail the tests of administrative law when a fundamental right is restricted. As a product of applied research and analysis this paper is authored for the benefit of researchers, policy analysts, courts and regulators.

Keywords: internet shutdowns, online censorship