Supreme Court Verdict on Internet | Anuradha Bhasin vs Union of India | Civils OnlinEd

Supreme Court Verdict on Internet

sc verdict on internet shutdowns

Anuradha Bhasin vs Union of India

The Supreme Court clarified that Right to access the Internet and released guidelines on imposition of section 144 of CrPC. This is particularly important since India has now seen the longest Internet blackout in any democracy in the world.

§  This judgement builds on a Kerala High Court judgment that declared the right to the Internet a fundamental right.

§  While the petitions were specifically about J&K, the questions raised in them have acquired country-wide resonance after protests against the Citizenship Amendment Act.

Laws pertaining to Internet Shutdown          Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.          The Indian Telegraph Act, 1885          The Information Technology Act

§  The Supreme Court refrained from the view on declaring the right to access the Internet as a fundamental right but still went on to make the Internet as an integral part of the freedom of expression guaranteed under Article 19 (1) of the Constitution.

§  Restricting the Internet was to restrict the freedom to trade and commerce, protected by Article 19(1)(g).

§  Any reasonable restrictions on fundamental rights, be it an Internet ban or a Section 144 order will have to survive the test of proportionality, that is, the restriction should be proportionate to the necessity for such a measure.

§  At the same time, it cautions against the “excessive utility” of the proportionality doctrine in matters of national security.

§  The government is bound to publish all orders it passes regarding such restrictions so that they can be challenged in a court of law.

§  It also held that such restrictions cannot extend beyond necessary duration nor could it be indefinite.

Conclusion

A modern democratic state like India must strive to strike a balance between liberty and security

                    Source and Judgment : https://indiankanoon.org/doc/82461587/