Government of India issues rules for Internet Shutdowns

[grimm]

It seems that the Ministry of Communications, on August 7th 2017, issued (and notified) rules for shutting of telecom services – and by extension, the shutting down of Internet services in India. The notification for the rules is available here, issued under the Telegraph Act.

The Lowdown

1. Who can issue such an order?
 

• Central government: The Secretary, Home Ministry, can issue an order to the Secretary of the Home Department of the state, in case of an order by Government of India. In unavoidable circumstances, this might be issued by a Joint Secretary (or of a rank above) authorised by the Union Home Secretary, and will be subject to a review from the the Union Home Secretary within 24 hours.
• State Government: The Secretary to the State Government in-charge of the Home Department can issue an order in the case of a State Government. In unavoidable circumstances, this might be issued by Joint Secretary authorised by the State Home Secretary, subject to the review of the State Home Secretary within 24 hours.

2. How the orders will be conveyed to telecom operators / ISPs
 

• Telecom operators, ISPs and “telegraph authority” (seriously?) need to have designated officers in every licensed service area, State or Union territory, to receive and handle orders for shutdowns. They’ll be sent orders by “an officer not below the rank of Superintendent of Police or of the equivalent rank”

3. How will the order be reviewed?
 

• The issued order will have to be sent to a review committee within the next working day.
• The Central Government review committee (for their orders) shall the Cabinet Secretary as chairman, and as members: Secretary to the Government of India In-charge, Legal Affairs; Secretary to the Government, Department of Telecommunications.
• The State Government review committee shall have Chief Secretary as its Chairman, and as members: Secretary Law or Legal Remembrancer In-Charge, Legal Affairs; Secretary to the State Government (other than the Home Secretary).
• “The Review Committee shall meet within five working days of issue of directions for suspension of services due to public emergency or public safety and record its findings whether the directions issued under sub-rule (1) are in accordance with the provisions of sub-section (2) of section 5 of the said Act.”

Internet Shutdowns have been increasing in India

We’re mid-way through 2017, and according to SFLC.in’s Internet Shutdowns tracker, there have, so far, been as many as 42 Internet Shutdowns in India this year. With four months still to go in the year, this is already more than the number of shutdowns in the entire year last year – 31, and thrice the number of shutdowns in 2015.

In May, two UN Special Rapporteurs had been very critical of the Indian governments decision to shut down specific social media apps in Kashmir, and Internet Shutdowns in general, and asked for connectivity to be restored. The statement had said that:

“The scope of these restrictions has a significantly disproportionate impact on the fundamental rights of everyone in Kashmir, undermining the Government’s stated aim of preventing dissemination of information that could lead to violence”

“The internet and telecommunications bans have the character of collective punishment, and fail to meet the standards required under international human rights law to limit freedom of expression”, and “Denying such access disrupts the free exchange of ideas and the ability of individuals to connect with one another and associate peacefully on matters of shared concern.”