Question: Will the Minister of Communications be pleased to state:
(a) whether Government has maintained any records/data about the number of internet shutdowns in the country in 2023;
(b) if so, the details thereof and if not, the reasons therefor;
(c) the reasons behind the alarming rate of growing internet shutdowns in the country;
(d) whether Government has followed the amendment made in Telecom Suspension Rules, prohibiting Government from suspending the internet indefinitely and limited shutdowns to fifteen days or less, by continuing the extension of shutdown; and
(e) if so, the details thereof?

Answer: As per seventh schedule of the Constitution, police and public order are State subjects. State governments are empowered to issue orders for temporary suspension of internet service to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Hon’ble Supreme Court has mandated the publication of suspension orders in public domain; and all orders for suspension of Telecom Services must adhere to the principle of proportionality; and must not extend beyond the necessary duration. The said directions of Hon’ble Supreme Court have been communicated to all Chief Secretaries/ Administrators of States/ Union Territories (UTs) on 10.11.2020. As per Hon’ble Supreme Court orders, the information may be reviewed on the respective State/ UT website.

Question: Will the Minister of COMMUNICATIONS be pleased to state: (a) the number of internet shutdowns each year during the last five years; (b) in what manner do these numbers compare with international records of other countries; (c) the estimated economic losses from last year’s shutdown in India and who is to bear the losses; and (d) the remedial measures being taken to ensure that only the minimal shutdowns take place?

Answer: As per seventh schedule of the Constitution, police and public order are State subjects. Concerned State Governments are empowered to issue orders for temporary suspension of internet service to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. The contribution of internet for the well-being of citizens has to be balanced with stopping misuse by anti-social elements requiring temporary internet shutdowns as per the Rules. The Rules provides for a Review Committee that records its findings whether the directions of suspension under the said rules are in accordance with the provisions of section 5(2) of the Indian Telegraph Act,1885. The Rules also mandate that any order issued shall not be in operation for more than 15 days. Further, all Chief Secretaries of States and Administrators of UTs have been directed that all suspension orders be placed in public domain.

Question: whether it is a fact that internet services have been shut down in Manipur since May 3, 2023;
(b) if so, the details thereof;
(c) the number of times Government has extended the internet shutdown in Manipur till date;
(d) the composition of the committee reviewing extension of internet shutdown; and
(e) the steps proposed by Government to handle the consequences of internet shutdown and ensure that essential services, education, healthcare and commerce are not adversely impacted by this?

Answer: As per seventh schedule of the Constitution, police and public order are State subjects. Concerned State Governments are empowered to issue orders for temporary suspension of internet service to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Permissions granted for internet shutdown to Delhi Police are available on MHA website.

Question: Will the Minister of Communications be pleased to state:
(a) the details of internet shutdowns initiated by Government in the last five years, yearwise and State/UT-wise;
(b) the average duration of these internet shutdowns and the different reasons for which such internet shutdowns have taken place;
(c) the details of the circumstances under which an internet shutdown is initiated by Government and for how long; and
(d) whether the necessity for continuing the shutdown is monitored, if so, at what intervals and by whom?

Answer: As per seventh schedule of the Constitution, police and public order are State subjects. Concerned State Governments are empowered to issue orders for temporary suspension of internet service to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Permissions granted for internet shutdown to Delhi Police are available on MHA website.

Question: Will the Minister of Communications be pleased to state: (a) whether Government is aware that India has the highest number of internet shutdowns in the world; (b) whether Government is also aware that such shutdowns have resulted in severe economic loss to the country, including loss of foreign investment, job losses, etc.; (c) if so, the details thereof; and (d) whether Government has taken any steps in this regard and issued any advisory/guidelines to the States?

Answer: No such authentic information is available with Department of Telecommunications (DoT). (b) & (c) No authentic study or report is available with DoT to assess or estimate the economic loss incurred due to internet shutdowns. (d) In light of the Hon’ble Supreme Court judgment dated 10.01.2020 in W.P.(C) no. 1031/2019 and 1164/2019, Temporary Suspension of Telecom Services (Public Emergency & Public Safety) Rules, 2017 has been amended vide Gazette Notification dated 10.11.2020. The said amendment has been forwarded to all Chief Secretaries/Administrators of States/UTs emphasizing that Hon’ble Supreme Court has mandated the publication of suspension orders; and all orders for suspension of Telecom Services must adhere to the principle of proportionality and must not extend beyond the necessary duration.

Ravneet Singh asked a question on the total cases of internet shutdowns by the law enforcement agencies like the ones in Manipur and Punjab in the country during the last three years, year-wise and State/UTwise, the estimated losses incurred due to such internet shutdowns by the law enforcement agencies, and whether the Government intend to take any measures or develop any comprehensive strategy to minimize losses due to such internet shutdowns and explore alternatives to such actions.

In reply, the Minister of State for Electronics and Information Technology stated that Authorities have the power of suspends telecom services including Internet in the event of public emergency or public safety. Concerned State Governments issue orders for temporary suspension of internet service to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules 2017. Centralized data of number of Internet shutdowns is not maintained by Government of India. There is no report available with the Government that assess the economic loss incurred due to Internet shutdowns.

The consultation paper establishes the fact that the market of OTT services has expanded exponentially in the last few years giving rise to many new opportunities and challenges. The paper recommends that a policy needs to be framed regarding the regulation of the OTT sector.

The paper highlights the need to find an alternate solution against complete banning of Internet services in cases of public emergency which causes inconvenience to the general public and therefore proposes the method of selective banning of only those OTT services that are likely to be used by terrorists or anti-social elements.

Expressing concern over frequent internet shutdown without any empirical study, a Parliamentary panel has pulled up the department of telecommunications (DoT) for not maintaining the record of incidents and inaction on several of its recommendations.

The Standing Committee on Communications and Information Technology on 'Suspension of Telecom Services and Internet and its impact' tabled in Lok the panel has asked the DoT to lay down a clear-cut principle of proportionality and procedure for lifting of shutdown in coordination with the home ministry to prevent any misuse of the suspension rules.

The panel rejected the logic of the DoT and ministry of home affairs (MHA) for not maintaining the record of the shutdown, saying it cannot simply take the plea that police and public order are essentially state subjects and suspension of the internet does not actually come under the ambit of crimes.
"The committee feel that a centralised database of all internet shutdowns by the states can be maintained either by DoT or MHA on similar lines as maintained by National Crime Records Bureau (NCRB) in the MHA which is collecting information on certain aspects of crime regularly of which communal riots is one of them," the panel said.

Section 24(2) b) of the Draft Act states that on the occurrence of any public emergency or in the interest of the public safety, the Central Government or a State Government or any officer specially authorized may, if satisfied that it is necessary or expedient to do so, in the interest of the sovereignty, integrity or security of India, friendly relations with foreign states, public order, or preventing incitement to an offence, for reasons to be recorded in writing, by order- direct that communications to or from any person, relating to any particular subject, transmitted or received by any telecommunication network can be suspended. This would allow for internet shutdowns as well.

It was asked whether India is the leading country in number of incidents of internet disruption and frequency of shutdowns and what the total number of internet shutdowns by Government in the country were during the last five years and whether internet shutdowns have been regularly used as a tool for routine policing and even administrative purposes and not for public emergencies.

The Government answered that temporary suspension of telecom services/internet shutdown is done by under the provisions contained in the (Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Centralized data of internet shutdown is not maintained by the Government.

The question sought information regarding recording of internet shutdowns in the country and reasons for not doing the same. The government replied that there is no legal mandate for maitaining such data.

The question sought information regarding maitenance of centralised data of internet shutdowns and study on impact assessment of internet shutdowns.

The Standing Committee on Communications and Information Technology (hereinafter “the Committee”) headed by Dr. Shahi Tharoor, undertook a detailed review of the governing legal framework, procedure adopted by the states, safeguards to protect from misuse and other ancillary issues.

It was asked whether the Government maintains data pertaining to internet shutdowns, the corresponding reasons for shutdowns and duration and whether Government has calculated the impact of internet shutdowns on freedom of speech, dissemination of information and online socialization.

It was answered that Police and public order are State subjects as per seventh schedule of the Constitution and that suspension of telecom services/internet shutdown is done by under the provisions contained in the (Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Further, copies of the permissions granted by Ministry of Home Affairs for Temporary Shutdowns of telecom services are available on MHA website i.e.mha.gov.in.

It was asked whether the ministry could give details regarding the number of telecom and internet shutdowns that have been put in place under the Telecom Suspension Rules, State-wise, the average duration of these telecom and internet shutdowns, the proportion of different reasons for which internet shutdowns have taken place, and the different ranks of authorities which have authorized telecom and internet shutdowns.

It was answered that Police and public order are State subjects as per seventh schedule of the Constitution and that suspension of telecom services/internet shutdown is done by under the provisions contained in the (Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Further, copies of the permissions granted by Ministry of Home Affairs for Temporary Shutdowns of telecom services are available on MHA website i.e.mha.gov.in.

There were 4 subquestions asked regarding-

(a) the details and the number of instances of internet shutdown and the specific reasons behind the said internet shutdown;

(b) whether the Government has estimated the economic and other impacts of internet shutdowns on the lives of the citizens in these areas and if so, the details and the outcomes thereof;

(c) whether the economic output of the regions that have suffered internet shutdowns have seen a noticeable decline during the period of the shutdown and if so, the details thereof; and

(d) whether there has been any assessment by the Government about the impact that the lack of internet access has had on the availability of essential facilities like healthcare, education and employment to the citizens of Jammu and Kashmir and if so, the details thereof?

The Government in its answer stated that (a) Police and public order are State subjects and States are responsible and empowered to issue orders for temporary suspension of internet service to maintain law and order under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Ministry of Home Affairs (MHA) has informed that records pertaining to internet shutdowns ordered by States/UTs are not centrally maintained by MHA. Further, Department of Telecommunications has no mechanism to assess socioeconomic impact of internet shutdown. The contribution of internet for the well-being of citizens has to be balanced with social media platforms being misused by anti-social elements requiring temporary shutdowns as per rules based on the assessment by Local (State/UT Government) Authorities.

Following question was asked: Whether the government of India has a plan to regulate internet shutdowns in the country. The Minister of Communications responded that there is no plan to frame such a legislation. 

The report was presented in the 47th session of the Human Right Council. The report is a follow up of the report presented before the council in the 46th session. It is a study of recent trends and the impact of Internet shutdowns in relation to peaceful protests, and makes recommendations to address this global phenomenon.

India, along with the countries of the United Kingdom,Australia, Canada, France, Germany, Italy, Japan, the Republicof Korea, South Africa, the United States of America and theEuropean Union signed the 2021 G7 ‘open societies’ jointstatement, which encourages values such as “freedom ofexpression, both online and offline, as a freedom thatsafeguards democracy and helps people live free from fear andoppression.” The joint statement further read: “We are at acritical juncture, facing threats to freedom and democracyfrom rising authoritarianism, electoral interference,corruption, economic coercion, manipulation of information,including disinformation, online harms and cyber attacks,politically motivated internet shutdowns, human rightsviolations and abuses, terrorism and violent extremism.” The“open societies” statement also affirmed “human rights for all,both online and offline, as set out in the Universal Declarationof Human Rights and other human rights instruments, andopposition to any form of discrimination, so that everyone canparticipate fully and equally in society

India, along with the countries of the United Kingdom, Australia, Canada, France, Germany, Italy, Japan, the Republic of Korea, South Africa, the United States of America and the European Union signed the 2021 G7 ‘open societies’ joint statement, which encourages values such as “freedom of expression, both online and offline, as a freedom that safeguards democracy and helps people live free from fear and oppression.”

The joint statement further read: “We are at a critical juncture, facing threats to freedom and democracy from rising authoritarianism, electoral interference, corruption, economic coercion, manipulation of information, including disinformation, online harms and cyber attacks, politically motivated internet shutdowns, human rights violations and abuses, terrorism and violent extremism.”

The “open societies” statement also affirmed “human rights for all, both online and offline, as set out in the Universal Declaration of Human Rights and other human rights instruments, and opposition to any form of discrimination, so that everyone can participate fully and equally in society”.

The question was pertaining to information regarding data on number of internet shutdowns in India, internet shutdowns in Jammu and Kashmir, comparison between shutdowns in India and globally, and measures taken by the government to restrict the practice of imposing internet shutdowns. The government replied that it does not have any substantial information with respect to any of the questions. 

The Minister asked for the total number of times that the internet has been suspended in any area of the country since 2018, the details of area and duration of such shutdown, whether internet shutdown orders across various parts of India have been reviewed by review committee, whether any appropriate authority has been established to publish all the internet shutdown orders in the light of the Supreme Court’s judgment in Anuradha Bhasin v/s Union of India.

The Government answered that temporary suspension of telecom services/internet shutdown is done by under the provisions contained in the (Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. DoT does not maintain any records regarding internet shutdowns ordered by the States/UTs. DoT does not maintain any records related to the review meetings conducted by States/UTs. In light of the Hon’ble Supreme Court judgment dated 10.01.2020 in W.P.(C) no. 1031/2019 and 1164/2019, Temporary Suspension of Telecom Services (Public Emergency & Public Safety) Rules, 2017 has been amended vide Gazette Notification dated 10.11.2020. The said amendment has been forwarded to all Chief Secretaries/Administrators of States/UTs emphasizing that Hon’ble Supreme Court has mandated the publication of suspension orders, of telecom services, under the said rules.

Rajya Sabha Unstarred Question No. 2573 (Dated: 18^th March, 2021 by MP Anand Sharma): (a) the number of forced internet shutdowns due to security reasons introduced in India between January 1, 2020 and December 31, 2020, State-wise; (b) the reasons for these shutdowns and their duration; (c) whether Government is aware of reports that India is among the most frequent implementors of internet shutdowns in the world and the largest democracy to frequently do so; and (d) if so, whether Government is formulating a consistent policy to regulate these shutdowns and allow bona fide persons/ businesses to access internet for professional/ education reasons?

Answer: MINISTER OF STATE FOR COMMUNICATIONS, EDUCATION AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE): (a) & (b) Police and public order are state subjects as per seventh schedule of the Constitution. Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 on 07.08.2017 under the Indian Telegraph Act 1885 under which, the directions to suspend the telecom services, including internet in an area, can either be issued by the Union Home Secretary or Home Secretary of State Government concerned as the case may be, to maintain law and order in the State or part thereof under the provisions contained in the said rules. Ministry of Home affairs (MHA) has informed that no centralized database in this regard is maintained by them. MHA has further informed that during the year 2020 it has not issued any order for suspension of internet services; (c) & (d) No such authentic information is available with DoT.

Lok Sabha Unstarred Question No. 3453 (Dated: 17^th March 2021 by MP Rajmohan Unnithan): Whether the Government has any plan to frame a legislation to regulate internet shutdown in the country and if so, the details thereof?

Answer: MINISTER OF STATE FOR COMMUNICATIONS, EDUCATION AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) At present, Department of Telecommunications (DoT) has no such plan to frame a legislation to regulate internet shutdown in the country. However, it is intimated that in order to streamline the process of internet shutdowns in the Country, DoT notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017 under section 7 of Indian Telegraph Act, 1885. Temporary Suspension of Telecom Services (Public Emergency & Public Safety) Rules, 2017 has been amended vide Gazette Notification dated 10.11.2020.

Rajya Sabha Unstarred Question No. 1791 (Dated: 10^th March 2021 by MP Tiruchi Siva): (a) the methodology of Government to control fake news and misinformation during tensions and riots, whether internet shutdowns are a prescribed method; and (b) the kind of data being maintained on internet shutdowns in India, the details thereof?

Answer:  MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY): (a) & (b): Challenges of cyber space are many, which flow from its vastness and borderless characters. Information in cyber space flows fast and has potential of misuse. During tensions and riots, suspension of telecom services / internet shutdown is done by the appropriate authorities in the States / UTs concerned in the interest of maintaining public safety and averting public emergency, as per procedures defined in the ‘Temporary Suspension of Telecom Services (Amendment) Rules, 2020’. Centralized data of internet shutdown is not maintained by the Ministry of Home affairs. Orders issued by the Ministry of Home Affairs (MHA) are available at MHA website.

We have been vociferous in our campaign against internet shutdowns in the domestic and international sphere. As a member of the Keep It On campaign led by Access Now, we strive to fight internet shutdowns with all kinds of creative approaches, including grassroots advocacy, direct policy-maker engagement, technical support, and legal intervention. As part of the Keep it on Coalition, SFLC.in has actively participated in campaigning against shutdowns not only in India but across the world, we have signed various petitions as well as participated in strategy suggestions to end shutdowns. SFLC.in sent a collective statement signed by 27 organizations across the world to restore high speed internet access in Jammu and Kashmir in midst of a pandemic.

We conducted three community meetings in the following States: 1. Kolkata 2. Symbiosis Law School, Pune 3. Lawyer’s circle, Rajasthan The minutes of the meetings will be made available upon request. These meetings happened before the coronavirus pandemic. Due to Coronavirus pandemic, offline meetings had to be paused. Due to the demographic we have been targeting, online meetings pose to be a challenge. To overcome this, we have had our research assistants circulate Whatsapp messages, have small meetings through phone and video calls in their circles. The research assistants have been trained to give trainings in local language to their audience on the impacts of internet shutdowns, how to report internet shutdowns, what to do during an internet shutdown etc. We are hoping to circulate some films translated into local languages to increase awareness of internet shutdowns.

We have voices and stories from the following places: 1. Delhi 2. West Bengal 3. Meghalaya 4. Bhopal 5. Uttar Pradesh 6. Rajasthan 7. Jammu and Kashmir These voices and stories have been collected and complied with the help of research assistants. The relevant links are https://internetshutdowns.in/lost-voices, https://sflc.in/using-2g-fight-pandemic-digital-world and https://twitter.com/NetShutdowns/media. All the videos are available at https://drive.google.com/drive/u/1/folders/17AEUk71qtfTysDMJXOD8DUQFBcxbaAP3. They are in the process of being uploaded on YouTube.

SFLC.in wrote an open letter to the Principle Secretary of Union territory of Jammu and Kashmir as well as the Home Minister, Shri Amit Shah requesting them to restore 4G internet speed in Jammu and Kashmir.COVID-19 is an unprecedented pandemic which has resulted in public health chaos. As of 31st March 2020, the number of cases of COVID-19 in Jammu and Kashmir has reached 55. There is a severe lack of information among the citizens in Jammu and Kashmir owning to the fact that information cannot be accessed without proper internet.We have requested the government in our letter to consider these extraordinary circumstances and restore 4G internet in Jammu and Kashmir on an urgent basis.You can read more about it here .

Unstarred Question No. 2897 19 March, 2020 (a) whether it is a fact that the number of internet shutdowns in the country have increased during the last few years; (b) if so, the State-wise details of the number of internet shutdowns in the country in the last five years including the current year; (c) whether Government proposes a legislation in order to limit the powers of the State with regard to scrapping of internet services under the garb of section 144 of IPC; and (d) if so, the details thereof and if not, the reasons therefor? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) & (b) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. (c) & (d) There is no such proposal with the Ministry of Home Affairs.

Unstarred Question No. 382 (18 March, 2020) (a) the number of instances of internet shutdowns imposed in the country during each of the last three years, State/UT-wise along with the reasons therefor; (b)whether the Government is aware of the difficulties faced by general public and professionals including journalists and employees of technology companies and beneficiaries of internet enabled services seeking digitally signed documents due to prolonged internet shutdowns in Kashmir; (c)if so, the details thereof and the reaction of the Government thereto; and (d)the steps taken by the Government to review the conditions enabling the reversing of internet shutdown by the competent authorities? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. (b)&(c)Conscious of the requirements and difficulties likely to be faced by the general public and professionals including journalists etc., due to measures taken for safeguarding the sovereignty and integrity of India, the Security of the State, maintaining public order and forprevention of loss of human life and property, the Government took various steps, which among other things included provision of internet facility at the offices of the all the Deputy Commissioners and other designated places/Dak Bunglows, access to internet through e-kiosks and special counters at prominent hotels/offices of District Srinagar, Anantnag (Pahalgam), Baramulla (Gulmarg) and Ganderbal (Sonamarg), etc. The banking sector also continued to render the services to their customers. E-banking facilities were provided to designated branches of various banks. Media Facilitation Centre was established and equipped with all the facilities to provide the uninterrupted internet services to the journalists, facilitating them to provide un-regulated coverage. At present, the telecom services are being regulated in accordance with the principles laid down in the judgement dated 10.01.2020, passed by the Hon’ble Supreme Court in WP(C) No. 1031/2019 titled Anuradha Bhasin vs. UOI and others and the provisions of the Indian Telegraph Act, 1885 and the Rules made thereunder. Due care is being taken to ensure that the orders are issued only after satisfying the principle of proportionality-after due consideration of the various aspects viz, nature of urgency, goal intended to be achieved, existence of any alternate mechanism, necessity of the measure intending at imposing restrictions, assessment of all the available alternatives for implementation of least restrictive measure. (d)The orders issued by the competent authority to the effect of regulating the use of telecom services are being reviewed periodically to ascertain that the same are being issued as per the principles laid down in the said judgment dated 10.01.2020 of Hon’ble Supreme court in the WP(C) no. 1031/2019 and 1164/2019 and in terms of the provisions of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

Unstarred Question No. 13 March, 2020 (a)whether e-Commerce companies have seen economic losses due to internet shutdown in different parts of the country; (b) whether Government has estimated the same and if so, the details thereof; and (c) if not, whether Government plans to estimate the impact of internet shutdowns on Commerce companies? ANSWER THE MINISTER OF COMMERCE & INDUSTRY (SHRI PIYUSH GOYAL) (a) to (c): A Statement is laid on the Table of the House.

There were 6 subquestions asked regarding-

(a) the incidents of Internet shutdowns, suspension of communication services and their respective duration during the last six years;

(b) the key reason specified in the suspension order for each incident;

(c) the details of the orders considered by the review committee constituted under the Internet Shutdowns and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017;

(d) whether suspension orders are available in the public domain;

(f) whether the Government has estimated the economic loss due to these shutdowns;

The answer stated that the shutdown orders were passed under the Temporary Suspension of Telecom Services (Public Emergency or Pubic Safety) Rules, 2017 and reviewed by the Review Committee.

Unstarred Question No. 496 (6 February 2020) (a) the state of the digitalised India where internet services have been banned during last one year, the week-wise and month-wise details thereof; (b) whether any assessment has been conducted regarding the financial loss caused by the ban put on internet services; and (c) the details of the impact on online services as a result of ban put on internet during last one year? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. (b) DoT has not conducted any assessment regarding the financial loss caused bythe ban put on internet services. However, DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein, it was intimated that frequent suspension of internet services were being ordered by various State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to. (c) In temporary shutdown of internet services in a region, online services are suspended temporarily only and other communication means/services like voice calling and Short Message Service (SMS) remain available during the suspension period of internet services, through which people in the region can communicate.

Unstarred Question No. 507 February 6 2020 (a) the State-wise details of the number of hours for which internet was banned in the country in the year 2019; (b) the details of the estimated amount of loss to the economy by banning the internet services; and (c) the details of the total loss incurred by the mobile companies per day because of ban on internet services? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. (b) DoT has not undertaken any evaluation or study to estimate the loss to the economy due to ban of internet services. (c) Telecom companies have not reported any quantum of loss incurred by them due to the internet shutdowns.

Unstarred Question No. 510 (6 February 2020) (a) how many times have internet shutdowns been initiated by Government in the last five years, year-wise and State-wise data thereof; (b) what is the loss suffered by telecom companies due to these shutdowns, the details thereof; and (c) whether Government has taken any steps to compensate the telecom companies for the losses suffered by them due to internet shutdowns, if so, the details thereof and if not, the reasons therefor? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. However, it was exercised only on 19thDecember, 2019. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. (b) & (c) Telecom companies have not reported any quantum of loss incurred by them due to the internet shutdowns.

Unstarred Question No. 511 (6 February 2020) (a) how many times have internet shutdowns been initiated by Government in the last five years, year wise and State-wise data thereof; (b) what are the rules and procedures for initiating an internet shutdown, the details thereof; and (c) under which circumstance can an internet shutdown be initiated by Government and for how long, whether the necessity for continuing the shutdown is monitored, if so, at what intervals and by whom? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) to (c) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. However, it was exercised only on 19th December 2019. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. The initiation and subsequent withdrawal of an order for the internet shutdown is issued by the Central Government or the concerned State Government taking into consideration the public emergency or public safety. All such orders are being reviewed by the Review Committee as envisaged in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 within 5 working days of issuance of such order.

Unstarred Question No. 600 (6 February, 2020) (a) the details of cases of internet shutdown during the last five years, State-wise and year-wises; (b) whether it is a fact that the cases of internet shutdown for longer duration has increased in last 2-3 years; (c) whether Government has conducted any study or has any report on the effect of internet shut down on economy, tourism, education sector etc.; (d) if so, the details thereof; (e) whether Government has any plan to make any policy change for taking decision on internet shutdown in any particular area; and (f) if so, the details thereof? ANSWER MINISTER OF STATE FOR COMMUNICATIONS, HUMAN RESOURCE DEVELOPMENT AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE) (a) & (b) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications (DoT) notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom services in certain parts of Delhi on 19th and 20th December, 2019, under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA. (c) & (d) No, DoT has not conducted any study on the effect of internet shutdown on economy, tourism, education sector etc. However, DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein, it was intimated that frequent suspension of internet services were being ordered by various State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to. (e) & (f) Temporary suspension of Telecom Services (Public Emergency & Public Safety) Rules, 2017 will be reviewed in consultation with all the stakeholders in light of the Hon’ble Supreme Court judgment dated 10.01.2020 in W.P. (C) 1031/2019 and 1164/2019.

Unstarred Question No. 1660 (4 December 2019) (a) whether the Government proposes to make facility like internet a fundamental right and if so, the details thereof and if not, the reasons therefor along with the time by when it is likely to be done; and (b) the number of Gram Panchayats in Basti district of Uttar Pradesh that have been connected with optical fibre under the BharatNet Project? ANSWER MINISTER OF COMMUNICATIONS, LAW & JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) Presently, there is no proposal to make facility like internet a fundamental right. (b) A total of 518 Gram Panchayats in Basti district of Uttar Pradesh have been connected with optical fibre under the BharatNet Project

Unstarred Question No. 498 (21 November 2019) (a) the number of internet shutdowns in the country in the last three years; (b) the details thereof, State-wise and duration-wise; (c) whether the Ministry has taken any steps to ensure that people have access to emergency communication services during internet shutdowns and if so, the details thereof; and (d) whether the Ministry has undertaken any evaluation or study to assess the economic impact of internet shutdowns? ANSWER MINISTER OF COMMUNICATIONS, LAW & JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) & (b) Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by Department of Telecommunications (DoT). (c) In temporary shutdown of internet services in a region, internet/data services are suspended temporarily only and other communication means/services like voice calling and Short Message Service (SMS), remain available during the suspension period of internet services, through which people in the region can communicate. (d) No Sir, DoT has not undertaken any evaluation or study to assess the economic impacts of internet shutdowns. However, DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein, it was intimated that frequent suspension of internet services were being ordered by various State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to.

Unstarred Question No. 632 27 June, 2019 (a) the details of cases of internet shutdowns during the last three years, year-wise; (b) the alternative steps taken to provide internet connectivity to students applying for or appearing in examinations; and (c) whether the number of shutdowns for longer duration are increasing and if so, the reasons therefor? ANSWER MINISTER OF COMMUNICATIONS, LAW & JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) to (c) Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by the Department of Telecommunications. DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein it was intimated that frequent suspension of internet services were being ordered by State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to. In temporary shutdown of internet services in a region, only internet/data services are suspended temporarily, and other communication means/services like voice calling and Short Message Service (SMS) remain available during the suspension period of internet services, through which people in the region can communicate.

Unstarred Question No. 486 (6 February 2019) (a)whether the Ministry maintains records of details pertaining to the suspension of internet services in the country during law and order situations, if so, the details thereof; (b)whether the Ministry has taken any necessary steps to ensure that people have access to emergency communication services during internet shutdowns; and (c)if so, the details thereof? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a)Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by the Department of Telecommunications. (b)& (c) In temporary shutdown of internet services in a region, only internet/data services are suspended temporarily, and other communication means/services like voice calling and Short Message Service (SMS) remain available during the suspension period of internet services, through which people in the region can communicate and access emergency communication services.

Unstarred Question No. 489 (6 February 2019) (a) the number of partial shutdowns in the country in the past five years, where the speed of connectivity was reduced; (b) the details of the economic losses incurred due to such partial shutdowns; and (c) the number of website blockings in the past five years and the reasons therefor? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by Department of Telecommunications (DoT). (b) DoT does not assess the economic losses incurred, if any, due to such partial shutdowns. DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein it was intimated that frequent suspension of internet services were being ordered by State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to. (c) As per Information Technology Act, 2000 [Section 69A] and Procedure and Safeguards for Blocking for Access of Information by Public Rules 2009 made thereunder, the directions for blocking of website for access by public are issued by Ministry of Electronics & Information Technology (MeitY). As per the directions of MeitY, from 01st January 2016 to date, instructions for blocking of 2354 Uniform Resource Locators (URLs) have been issued by DOT to Internet Service Providers (ISPs). Further, from 01st January 2016 to date, as per the direction of Honorable Courts, instructions for blocking of 8459 URLs/websites have been issued. In addition, DOT has instructed ISPs to block 6631 URLs/websites of online child sexual abuse material as provided by Central Bureau of Investigation.

Unstarred Question 2618 (4 January 2019) (a) the data as regards the internet shutdowns issued by the Central or State Governments in the previous three years, State-wise and the reasons therefor; (b) whether the Ministry has recorded the impact of such internet shutdowns on the social, economic and political environment of the States, if so, the details thereof; and (c) whether the Ministry has taken any necessary steps to provide relief to the people suffering from internet shutdowns in the respective States? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by Department of Telecommunications (DoT). (b) No Sir, DoT has not assessed the impact of such internet shutdowns on the social, economic and political environment of the States. However, DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein, it was intimated that frequent suspension of internet services were being ordered by various State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to. (c) In temporary shutdown of internet services in a region, internet/data services are suspended temporarily only and other communication means/services like voice calling and Short Message Service (SMS), remain available during the suspension period of internet services, through which people in the region can communicate.

Unstarred Question No. 2643 (4 January 2019) (a) whether the Ministry maintains records of details pertaining to suspension of internet services in the country during law and order situations, if so, the details thereof; (b) whether the Ministry has taken any necessary steps to ensure that people have access to emergency communication services during internet shutdowns, if so, the details thereof; and (c) if not, the reasons therefor? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by DoT. (b) & (c) In temporary shutdown of internet services in a region, internet/data services are suspended temporarily only and other communication means/services like voice calling and Short Message Service (SMS), remain available during the suspension period of internet services, through which people in the region can communicate and access emergency communication services.

Will the Minister of COMMUNICATIONS be pleased to state: (a) the State-wise data of internet shutdowns issued under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017; (b) whether the Ministry conducted any public or stakeholder consultations prior to the finalising and publication of these Rules; (c) if so, the details thereof, including comments and suggestions received by the Ministry and action taken therein; (d) if not, the reasons therefor; and (e) whether these Rules are different from earlier rules or laws under which internet services could be suspended, if so, the details thereof?

Unstarred Question No. 1824 (28 December 2018) (a) the list of internet shutdowns in the past five years, State-wise; (b) the steps taken by Government to engage with the States where cases of internet shutdowns are comparatively high; and (c) whether Government made any arrangement for alternative means of communication and transaction for the people in the region or not? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) Central Government has not issued any order of internet shutdown under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by Department of Telecommunications (DoT). (b) DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein, it was intimated that frequent suspension of internet services were being ordered by various State Governments. Accordingly, on 28.09.2018, all State Governments have been advised to sensitize the concerned officials/agencies against precipitate actions leading to shut down of Internet services, and to ensure that the provisions of “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” are adhered to. (c) In temporary shutdown of internet services in a region, internet/data services are suspended temporarily only and other communicating means/services like voice calling and Short Message Service (SMS), remain available during the suspension period of internet services, through which people in the region can communicate.

Unstarred Question No. 1352 (21 December 2018) (a) whether Ministry maintains data on internet shutdown ordered under the Temporary Suspension of Telecom Services Rules, 2017; (b) if so, the State-wise data on internet shutdown issued since the rules came into effect, along with the date, time, duration, areas affected and corresponding reasons for the imposition of internet shutdowns; (c) if not, reasons therefor; (d) number of cases where internet shutdowns were ordered to prevent cheating in exams; (e) number of cases, State-wise, wherein internet shutdowns exceeded 24 hours; and (f) steps taken by States to publicise the order of internet shutdowns in advance and inform general public of their imposition? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) to (f) In order to streamline the process of internet shutdowns in the Country, the Department of Telecommunications notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety. Ministry of Home Affairs (MHA) has informed that it has not issued any order for temporary suspension of internet services under the provisions of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State Governments are empowered to issue orders for temporary suspension of internet services to maintain law and order in the State or part thereof under the provisions contained in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by Department of Telecommunications.

Starred Question No. 123 (19 December 2018) (a)Whether the Government is aware that there were 42 reported incidents of internet shutdown in 2017 as compared to 6 in 2014, and that India is one of the top-ranked countries in terms of the number of internet shutdowns by Government authorities (b)if so, the details thereof and the reasons attributed for such shutdowns; (c)Whether it is also true that the Government wants to prevent riots and hate crimes by making shutdowns of internet services and if so, the details thereof; (d)whether due process was followed in approving the said shutdowns and if so, the details thereof, State/UT-wise; and (e)whether punitive or disciplinary action was taken in cases where due process was not followed and if so, the details thereof? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) to (e) A statement is laid on the Table of the House.

Unstarred Question No. 849 (a) the details of instances where internet services were suspended 2014 onwards along with details of reasons for ordering suspension, places where it was suspended, duration of suspension and the law invoked to suspend services, State-wise and yearwise; (b) whether, in future, such suspensions will be ordered by invoking the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017; (c) if so, what consultations were held with stakeholders, civil society, etc., before finalizing these Rules; and (d) how these Rules are an improvement over the earlier rules/laws using which, internet services could be suspended? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) to (d) The Section 5 of Indian Telegraph Act, 1885 empowers Central/State Government, on occurrence of public emergency or in the interest of public safety, to take temporary possession of licensed telegraphs and to order interception or detention or non-transmission of messages. In pursuance of these provisions of Indian Telegraph Act and in order to streamline the process of temporary suspension of telecom services, the Department of Telecommunications has notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including internet services in an area, can either be issued by the Union Home Secretary or the State Home Secretary, as the case may be, due to public emergency, or in the interest of public safety. These directions are then reviewed by the Review Committee constituted in the Central or State Government under the Chairmanship of Cabinet Secretary or Chief Secretary, as the case may be, within five working days of issue of such directions. Before finalizing these rules, inter-ministerial consultations were held with Ministry of Home Affairs, Ministry of Law & Justice, Ministry of Electronics & Information Technology, Ministry of Finance and NITI Aayog. Ministry of Home Affairs (MHA) has informed that it does not maintain records of internet shutdowns ordered by the State Governments. Further, MHA has not exercised its power under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 till date.

Unstarred Question No. 861 (9 February 2018) (a) whether there have been a rise in the number of Government mandated internet shutdowns in the country in the last two years; (b) if so, the reasons therefor; and (c) whether internet shutdowns have helped to achieve the aims, for which the Government sought these shutdowns? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) to (c) The Section 5 of Indian Telegraph Act, 1885 empowers Central/State Government, on occurrence of public emergency or in the interest of public safety, to take temporary possession of licensed telegraphs and to order interception or detention or non-transmission of messages. In pursuance to these provisions of Indian Telegraph Act, the Department of Telecommunications has notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including internet services in an area, can either be issued by the Union Home Secretary or the State Home Secretary, as the case may be, due to public emergency, or in the interest of public safety. Ministry of Home Affairs (MHA) has informed that it does not maintain records of internet shutdowns ordered by the State Governments. Further, MHA has not exercised its power under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 till date.

Unstarred Question No. 2153 (5 January 2018) (a) the details of internet shutdowns taken place in the country in the last three years under Section 144 of the Code of Criminal Procedure (CrPC), year-wise; and (b) the details of internet shutdowns taken place under recently released Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 in August, 2017? ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA) (a) & (b) The information is being collected and will be laid on the Table of House.

Unstarred Question No. 1366 (29 December 2017) (a) state/UT -wise details of ban on mobile internet services, since 2014 till date; (b) whether banning of internet services is a decision of State or Central Government or taken-up jointly, the details thereof; and (c) the details regarding the reasons for banning of mobile internet services? ANSWER MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI ALPHONS KANNANTHANAM) (a), (b) and (c) : The police and public order are state subjects and section 144 of the Code of Criminal Procedure, 1973 empowers a District Magistrate, a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered by the State Government to issue prohibitory orders in urgent cases of nuisance or apprehended danger. Further, Department of Telecommunications (DoT) has notified “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” on 07.08.2017 under the Indian Telegraph Act, 1885. As per these rules, the direction to suspend the telecom services including internet in an area can either be issued by the Union Home Secretary or the State Home Secretary, as the case may be, due to public emergency or public safety. Government does not maintain records of internet shutdowns ordered by the State Governments.

Rules lay down the procedure to suspend telecom services in case of public emergency or public safety. Rules also specify the competent authority empowered to issue suspension orders, require that reasons for suspension be in writing and set up a Review Committee for ensuring that shutdowns are imposed by the due process of law. Despite these Rules, internet shutdowns continue to be imposed under CrPC. Review Committee is not set up in most cases of shutdowns.The Rules suffer from many drawbacks. They were framed without public consultation. There is no official channel of communication to inform the public about imposition of shutdowns. View our analysis of the Rules here . For more information on the Rules visit the page . Also see here .

Unstarred Question No. 4097 (7 April 2017) (a) how many internet shutdowns have occurred in the country during the last three years; (b) the losses incurred by Indian citizens and companies during these years; (c) whether the losses underwent huge variation in different years; and (d) whether Government has adopted any remedial measures in this regard, if so, the details thereof? ANSWER MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY) (a) to (d): The information is being collected and will be laid on the Table of the House.

The resolution condemned network disruptions and measures resorted by states to curb online access and/or dissemination of information.It affirmed that rights in the online sphere, especially the right to freedom of expression requires the same standard of protection as in the offline world. It also called upon the Member States to develop transparent internet policies, and work towards bridging the digital divide, along with the digital gender divide. Read more here