“If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter”[1]

– George Washington

This profound statement emphasizes the significance of free speech, a fundamental right that has been perpetually under siege by those in power. It highlights the dangers of suppressing free speech and the importance of protecting this fundamental right. When citizens are denied the right to express themselves, they become vulnerable to manipulation and oppression.

 Throughout history, this right has been contested and defended, from the trials of Socrates[2] to the struggle of Martin Luther King Jr.[3], the fight for free speech has been a timeless and universal quest. Our ancestors bled for this right. Imagine a world where your voice is silenced, your thoughts suppressed, and your freedom curtailed. From Nazi book burnings[4] to internet shutdowns, governments wield the power to mute the voice of common people, leaving them helpless and unheard. In monarchy, there is no place for voices that oppose or question the government. However, in a democracy, free speech is the cornerstone. Free speech is a mechanism that keeps a nation vibrant and ensures government accountability. It’s the oxygen of democracy, the pulse of progress, and the beacon of hope. Free speech is the right to express, dissent, and challenge the status quo. Without it, we’re mere spectators in the game of life, forced to watch as our rights are eroded. Shall we guard this sacred right or surrender to darkness, losing our right? This question raises the stakes for us, as citizens of a democratic country, to protect the fundamental right of free speech.

To answer this question, it’s essential to recognize the fundamental importance of free speech and its recognition in various international and national frameworks. Here are some key milestones as follows:

•Declaration of the Rights of Man and of the Citizen (1789)[5]: Adopted during the French Revolution, specially affirmed freedom of speech as an unalienable right. The Declaration provides for freedom of expression under Article 11.

• United States Constitution, First Amendment (1791)[6]: The First Amendment to the US Constitution guarantees freedom of speech, press, assembly, and petition, protecting citizens’ rights to express themselves and criticize the government.

•Universal Declaration of Human Rights, (1948)[7]: After World War II, the United Nations adopted this declaration, which recognizes freedom of opinion and expression as a fundamental human right under Article 19.

•  The Indian Constitution[8]recognises the right to freedom of speech and expression as a fundamental right under Article 19(1)(a).

• International Covenant on Civil and Political Rights, (1966)[9]– Under Article 19, which states that everyone has the right to freedom of expression. This includes the right to form opinions without interference, and to share ideas and information through any medium. 

•UN Human Rights Council Resolution Act,[10]: The UN Human Rights Council adopted a resolution affirming the importance of freedom of expression on the internet and urging countries to protect this right.

However, internet shutdowns violate these rights, as noted by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, who stated:

“The internet has become an indispensable tool for the exercise of the right to freedom of expression, and its importance will only continue to grow. Internet shutdown, therefore, have a disproportionate impact on the exercise of this right.”[11]

Despite these protections, even in democratic countries like India, the United States, Pakistan, and Bangladesh, there is a growing trend of internet shutdowns, censorship, and restrictions on free speech.

As citizens, it is our duty to remain vigilant in the face of threats to this fundamental right. We must question the erosion of our rights, challenge unjust laws and policies, and hold our governments accountable for their actions. The fight for free speech is a fight for our democracy, our freedom, and our very way of life.

In the Indian context, the right to free speech, particularly in view of internet shutdowns, is facing significant challenges.

According to the Indian Constitution, Article 19[12].- Protection of certain rights regarding freedom of speech, etc. – (1) All citizens shall have the right —

• to freedom of speech and expression

 This fundamental right enables citizens to express their opinions freely, essential for a healthy democracy. However, Article 19(2) imposes reasonable restrictions on this freedom, added by the First Amendment Act, 1951.

[(2) Nothing in sub clause (a) of clause (1) shall effect the operation of any existing law, or prevent state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [the sovereignty and integrity of India, ]¹ the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.][13]

The first landmark case to interpret Article 19(1)(a) was Romesh Thappar vs State of Madras[14]

The Supreme Court held that freedom of speech is a fundamental right, but reasonable restrictions can be imposed. Justice Patanjali Shastri stated, “Freedom of speech and expression means the right to express one’s opinions freely by words of mouth, writing, printing, picturing or in any other manner.”

 In Today’s era internet has become an integral part of our freedom of expression, enabling us to share our thoughts, opinions, and ideas with the world. But the growing trend of internet shutdowns has raised serious concerns about the erosion of this fundamental right. It’s shocking that India, the world’s largest democracy, has shutdown the internet a whopping 849 times since 2012![15]

This disturbing trend has earned India the unwanted title of “world’s capital of internet shutdowns”.[16]

 Prior to 2017, internet shutdowns in India were ordered by magistrates on the grounds of Section 163 of the Bhartiya Nagarik Suraksha Sanhita (BNSS)[17], which empowers to issue orders in urgent cases of apprehended danger. This power is derived from the Telegraph Act of 1885 ^[18]_.

However, the introduction of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules in 2017[19] has raised concerns about the Indian government’s approach to internet shutdowns. These rules empower the government to suspend internet services during public emergencies or in the interest of public safety.

Several instances of internet shutdowns have been reported, highlighting the government’s increasing reliance on this measure, like…

•In Kashmir, where the internet was shut down for 552 days after the abrogation of Article 370 in 2019.[20]

•During protests against the Citizenship Amendment Act (CAA) in 2019, where internet services were shut down in several states, including Assam, Meghalaya, and Arunachal Pradesh, Uttar Pradesh, Maharashtra.[21]

•During the farmer protests in 2020-2021, where internet services were shut down in several districts of Haryana, Punjab, and Uttar Pradesh.[22]

•The Manipur government’s decision to shut down the internet for over a week in June 2023 and again in May 2024 has raised concerns about the suppression of free speech and the erosion of democratic rights in the region.[23]

•In Sambhal, Uttar Pradesh, in 2024, where the internet was shut down amid communal tension.[24]

The government claims that internet shutdown rules are necessary to maintain law and order, prevent the spread of misinformation, and protect national security.

•Ravi Shankar Prasad, the Union Minister for Communications in (2016-2021), stated that the shutdown was necessary to prevent the spread of rumors and to maintain peace and tranquility in the region.[25]

•External Affairs Minister S. Jaishankar stated, “If internet cuts are considered more dangerous than loss of human lives, then what can I say?” (September 2022)[26]

Nevertheless, critics argue that these rules are often misused to silence dissenting voices and supress freedom of speech and point out that these shutdowns often have a disproportionate impact on the general public, restricting their access to information and essential services and often end up silencing the voices of common people, including farmers, students, and activists.

-Aakar Patel, head of Amnesty International India, stated that “the shutdown of the internet in Jammu and Kashmir is a clear violation of the rights of the people.”[27]

– Anuradha Bhasin, executive editor of the Kashmir Times, argued that the shutdown has crippled their ability to report the news and has had a devastating impact on the local economy.[28]

– Mishi Chaudhary, legal director of the Software Freedom Law Centre, stated that “the shutdown is a blatant violation of the right to freedom of speech and expression.[29]

Although, internet shutdowns not only stifle free speech but also violate Article 21 of the Constitution[30], which guarantees the right to life, It threatens the daily survival of citizens.  When the government launched Digital India Programme in 2015,[31] it linked essential services – such as identification records, e-governance portals, e-commerce platforms, and government welfare schemes – to internet access. This move inadvertently tied citizens’ survival to the availability of the internet. Now, when shutdowns occur, daily life is disrupted, vital services are delayed, freedom of expression is undermined, and this results in various severe consequences such as –

Economical consequences

•In 2020, the Indian economy suffered losses to the tune of USD 2.8 billion due to 129 separate instances of Internet suspension, which affected 10.3 million individuals22.[32]

• Small entrepreneurs and daily wage earners suffer immensely, their livelihoods shattered.

• Global trade and investment: Shutdowns tarnish India’s reputation, deterring foreign investors and crippling international trade.

Mental Consequences:[33]

– Increased feelings of anxiety and stress

– Feelings of disconnection and isolation

– Helplessness and anxiety about loved ones and livelihoods

Social Consequences[34]

– Disruption of community activities and events

– Impact on education and learning

– Effects on social cohesion and community relationships

In Faheema Shirin RK vs State of Kerala[35], emphasized that internet shutdowns must be proportionate to the threat posed and cannot infringe upon citizens’ right to freedom of speech. The court also recognized the right to internet as a fundamental right, essential for privacy and education.

In the case of Anuradha Bhasin v. Union of India[36], the Supreme Court directed that all internet shutdown orders must be made public, ensuring transparency and accountability. The court emphasized that the internet is a vital medium for exercising the fundamental right to freedom of speech and expression, as guaranteed under Article 19(1)(a) of the Indian Constitution.

It also stated that internet shutdowns are a form of restriction on freedom of expression, violating Articles 19(1) and 21 of the Indian Constitution. Additionally, the Court held that shutdowns without due process of law also violate Article 14 ensuring equality before the law.

The Supreme Court’s decision marked a significant milestone in raising the bar for government accountability in instances of internet shutdowns. By making these orders public, the government can no longer impose blanket bans on internet services without being held accountable for their actions.

This judgement established that internet shut down must meet the tests of necessity,  proportionality and reasonableness .³⁷

However, the implementation of this judgement has been inconsistent and it has led to a stark reality: a democracy where citizens are systematically denied access to information, connectivity, and expression in the facet of freedom and liberty.

And it raises a critical question: can India genuinely claim to be the world’s largest democracy when its citizens are silenced online?

In conclusion, the Supreme Court’s guidelines must be strictly followed, subjecting all internet shutdowns to transparent and rigorous scrutiny. To uphold democratic principles, the parliament must enact laws that champion accountability, citizen participation, and transparency, ensuring that authority is held accountable for shutdown decisions.

This is not just a matter of administrative procedure, but a fundamental issue of democratic governance. When the government shuts down the internet, it not only disrupts the lives of citizens but also undermines the very foundations of democracy. The free flow of information, the ability to express oneself, and the capacity to participate in public discourse are all essential components of a healthy democracy. The future of Indian democracy hinges on its ability to safeguard digital freedom. Will India choose to uphold its democratic ideals and protect citizens’ rights, or will it continue down a path of controlled connectivity? The world watches as India stands at this critical crossroads.

[1] George Washington, ADDRESS TO THE OFFICERS OF THE ARMY | SATURDAY, MARCH 15, 1783.

[2] Plato. Apology. Translated by Benjamin Jowett, Oxford University Press, 1871, pp. 38e-42a.

[3]King, Martin Luther Jr. “Letter from a Birmingham Jail.” Why We Can’t Wait, Harper & Row, 1964, pp. 76-95.

[4]Nazi book burnings, https://encyclopedia.ushmm.org/content/en/article/book-burning  visited on feb23, 2025

[5]Declaration of the Rights of Man and of the Citizen ( 1789) art.11.

[6]United States Constitution, First Amendment(1791)

[7]Universal Declaration Of Human Right,1948, art.19

[8]The constitution of India,1950 , art.19

[9]International Covenant on Civil and Political Rights, (1966) art.19

[10]UN Human Rights Council Resolution Act, 26/13 (2014)

[11]David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Report to the UN General Assembly (2015)

[12] The Constitution of India, art.19(1)(a)

[13]Subs. by the Constitution (First Amendment) Act,1951, sec.3(a) for clause (2) (with retrospective effect).

[14](1950)1 S.C.R. 594

[15]Internet Shutdown  https://internetshutdowns.in/, last visited on Feb 23, 2025

[16]India -Internet shutdown capital of world,  https://www.drishtiias.com/daily-news-editorials/india-internet-shutdown-capital-of-world/print_manually,  last visited on feb24, 2025

[17]Bhartiya Nagarik Suraksha Sanhita, 2023, sect- 163.

[18]Telegraph Act, 1885 sec.5(2)

[19]Temporary Suspension of Telecom services Rules, 2017

[20]Internet Shutdown https://internetshutdowns.in/about/,  last visited on Feb 24, 2025

[21]CAA protest, https://internetshutdowns.in/static-page/caa-protest/,  last visited on Feb24, 2025

[22]Internet shutdown during Farmer Protest https://www.cnn.com/2021/02/01/asia/india-internet-cut-farmers-intl-hnk/index.html, visited on feb24, 2025

[23]Manipur internet shutdown, https://internetshutdowns.in/,   last visited on feb24, 2025.

[24]Sambhal Uttar Pradesh internet shutdown, https://www.ndtv.com/india-news/sambhal-news-internet-snapped-schools-shut-as-violence-over-shahi-jama-masjid-mosque-survey-kills-3-in-up-7098549/amp/1#amp_tf=From%20%251%24s&aoh=17403706918028&referrer=https%3A%2F%2Fwww.google.com, visited on feb24, 2025

[25] The Indian Express, https://indianexpress.com/article/india/ravi-shankar-prasad-expressing-views-through-internet-a-fundamental-right-subject-to-restrictions-6255046/lite/#amp_tf=From%20%251%24s&aoh=17412763016741&csi=1&referrer=https%3A%2F%2Fwww.google.com, last visited on March 6, 2025

[26] External Affairs Minister’s statement, https://www.hrw.org/report/2023/06/14/no-internet-means-no-work-no-pay-no-food/internet-shutdowns-deny-access-basic#:~:text=The%20authorities%20contend%20the%20shutdowns,Jaishankar%20in%20September%202022, last visited on March 6, 2025

[27]Akar Patel’s statement  https://www.amnesty.org/en/latest/news/2022/09/india-the-government-must-end-the-repression-of-rights-in-jammu-and-kashmir, last visited on March 6, 2025

[28]Anuradha Bhasin, https://freespeechcollective.in/information-blackout-in-kashmir-kashmir-times-editor-anuradha-bhasin-pil-on-media-curbs, last visited on March 6, 2025

[29]Mishy Chaudhary  https://time.com/6304719/india-internet-shutdowns-manipur, last visited on March 6, 2025

[30]Anuradha Bhasin vs U.O.I & others (2020) S. C.R .812

[31]Digital India Programme , https://www.ibef.org/government-schemes/digital-india, last visited on March 6, 2025

[32]Effect on economy, https://www.drishtiias.com/daily-news-editorials/india-internet-shutdown-capital-of-world/print_manually,  last visited on feb24, 2025

[33]Effect on mental health, https://cmds.ceu.edu/article/2020-03-05/internet-shutdowns-india-attacking-peoples-mind, last visited on Feb 24, 2025

[34] Impact on human life, https://news.un.org/en/story/2022/06/1121242, visited on Feb23, 2025

[35] AIR 2020 KERALA 35

[36] (2020) S. C.R .812