Internet blocking and shutdowns in India and international human rights law

Abstract

This paper examines the provision for Internet blocking and shutdowns in Indian law, and compares it with international human rights law (IHRL). It finds that IHRL potentially offers a useful lens through which to view these actions; that IHRL is widely accepted by the Indian state, including the judiciary; and that IHRL provides a useful complement to constitutional analysis. It also finds that the Indian laws and practices around Internet shutdowns and online content blocking fall short of IHRL in significant ways, including when it comes to the principles of legality, legitimate aims, necessity, proportionality, transparency, and remedies for violation of rights. Finally, it offers suggestions on how to improve the laws and practices in each of these areas, so as to comply with India’s IHRL obligations.