The Kerala High Court in a monumental decision has held ‘Right to Internet Access’ as a fundamental right. The Court declared that the right to have access to Internet becomes the part of right to education as well as right to privacy under Article 21 of the Constitution of India.

The petition was filed by Faheema Shirin, a hostel resident and student of Sree Narayana College, Chelanur, Kozhikode against the discriminatory girls’ hostel rules, specifically banning use of mobile phones from 6 PM to 10 PM which restricted them from accessing internet. The petitioner was subsequently arbitrarily expelled from the hostel on protesting against the rules.

SFLC.in intervened in the matter for the petitioner. In the counter-affidavit filed, SFLC.in brought to Court’s notice the arbitrary, unlawful and unconstitutional restrictions imposed on the female residents by the hostel authorities, specifically violations of Articles 14, 19(1)(a) and 21 which provide rights to equality, information and personal liberty. Restricting use of digital devices hampered the girl students’ ‘ability to access and use digital resources to learn and communicate’, thus putting them at serious disadvantage compared to their male counterparts.

To read more, visit: https://sflc.in/kerala-high-court-declares-right-access-internet-fundamental-right

SFLC.in, in association with the Digital Empowerment Foundation, IT for Change, Internet Democracy Project, Centre for Internet and Society, and Foundation for Media Professionals, organised a public discussion titled “Access Denied: Internet Shutdowns in a Digital India” on Monday, April 24, 2017 at Hauz Khas Social, 9A & 12, Hauz Khas Village, New Delhi." This event brought together a group of `key stakeholders to discuss the increasingly frequent Internet access disruptions that are imposed by states across India. 

For more detail, visit: https://sflc.in/public-discussion-access-denied-internet-shutdowns-in-a-digital-india-april-24-2017-new-delhi 

India has seen numerous Internet shutdowns for various reasons in this year, all under the same provision of law - Section 144 of the Code of Criminal Procedure, 1973 (CrPC). This section resides as the sole occupant under the chapter of 'temporary measures to maintain public tranquility' and gives State Governments the power to issue orders for immediate remedy in urgent cases of nuisance or apprehended danger. However, the increasing use of this provision to completely shut down the Internet is becoming a cause of concern, for the reason that it amounts to a direct violation of the fundamental right to freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India.

The Internet is not only a medium to exercise the right to free speech and expression, but is correctly identified as a catalyst in the process of imparting, receiving, and sending information. This freedom is undisputedly fundamental for a democratic organization, moreover it is an enabler of other socio- economic and cultural rights. Similarly, the Internet is highly instrumental in facilitating a wide range of rights by providing a revolutionary platform in realization of free speech. Frank La Rue, the Special Rapporteur on protection and promotion of the right to freedom of opinion and expression appointed by the United Nations, while focusing on the point made above, also highlighted the changing nature of this right in relation to Internet proliferation in his report dated 16 May 2011. Furthermore, while addressing concerns about censorship, the Special Rapporteur noted that arbitrary blocking of complete Internet services is a disproportionate action in any situation. Internet shut down even with justification, negates the possibility of targeted filtration of content and would render inaccessible even content that is not illegal.

In this post, SFLC.in aimed to understand the legal position accorded to Section 144 CrPC, its relation with Article 19 of the Indian Constitution, and its increasing usage as a provision to shut down the internet services.

To read the full post, visit: https://sflc.in/legality-internet-shutdowns-under-section-144-crpc

With the advent of the internet, the global communications landscape has undergone a number of dramatic changes. Not only has the internet made communications technology more universal and affordable, it has also provided a whole new platform for self-expression bundled with elements of decentralisation and anonymity, making it one of the most powerful tools for political discourse in the 21st century. This also means that the internet has been increasingly targeted for control, and complete regional shutdowns of the public internet are frequently resorted to in parts of the world.

Between 2013 and 2015, access to the public internet has been blocked nine times across four Indian states. Annual instances of shutdowns climbed from one in 2013 to two in 2014 and six in 2015. Jammu & Kashmir saw the highest number of shutdowns with four instances over 2013, 2014 and 2015, followed by Gujarat with three internet clampdowns over 2014 and 2015. Nagaland and Manipur had internet shutdowns enforced once each in 2015.

To read the full piece, visit: https://sflc.in/how-have-internet-shutdowns-impacted-your-life-huffington-post

The article excerpted above first appeared on The Huffington Post (India Edition) on 2nd November 2015.