[bestbits] Fwd: [gvadvocacy] India internet shutdown - our statement

Mon Aug 31 09:47:09 EDT 2015

---------- Forwarded message ----------
From: Deji Olukotun <deji at accessnow.org>

Hi to All,

Thought this might interest you. It's a complex situation with a lot of
flash points right now.
Access urges officials in Gujarat, India to rescind internet disruption 4:57pm
| 27 August 2015 | by * Raman Jit Singh Chima*
<https://www.accessnow.org/blog/author/122/%20Raman%20Jit%20Singh%20Chima>,
*Max
Anderson* <https://www.accessnow.org/blog/authors/98/Max%20Anderson>, *Peter
Micek* <https://www.accessnow.org/blog/authors/58/Peter%20Micek>

[image: gujarat_suzanne_lee]

This week telecom operators complied with a request from agencies of the
Gujarat state government to shut down SMS functionality and disrupt mobile
internet service. To justify the ongoing shutdown, the state police are
reported
<http://www.firstpost.com/india/mobile-services-blocked-in-gujarat-patel-unrest-not-the-only-one-affected-by-internet-rumours-2410362.html>
to have cited “concerns of rumour-mongering and crowd mobilization through
WhatsApp”, a reference to ongoing actions by a group of organised protestors
<http://www.ibnlive.com/news/politics/patel-quota-stir-continues-gujarat-government-asks-telecos-to-temporarily-shut-down-internet-services-1051614.html>
to force a general strike, or “bandh”, across the state.

*Internet shutdowns have no place in Indian law or globally*

The disruption of the network in Gujarat for more than 60 million residents
raises many concerns. The Constitution of India provides strong fundamental
rights protecting the freedoms of expression and association, and the right
to liberty. Earlier this year in its landmark Shreya Singhal v. Union of
India
<https://www.accessnow.org/blog/2015/03/24/supreme-court-of-india-issue-historic-ruling-on-free-expression-but-disappo>
judgment, the Supreme Court of India emphasised that these fundamental
rights apply to Indian citizens accessing the internet, and that any
government measures affecting these rights have to pass careful
constitutional scrutiny.

The current situation is especially troubling, as news reports appear to
indicate that telecom operators merely implemented the shutdown at the
request of state government officials, and not under any direction from the
Union Government’s Department of Telecommunications — which under Indian
law holds national authority for regulating telecommunications.
Furthermore, the Supreme Court has made it clear that any restriction by
the Union Government that affects network functioning and access to the
internet must be made in accordance with applicable law, particularly the
provisions of the Information Technology Act and Telegraph Act. So far,
there has been no indication that any such order has been passed.

At the global level, it has become increasingly clear that internet
shutdowns conflict with international law. This year, experts from the UN
and several human rights bodies jointly declared that shutdowns — and other
communications network “kill switches” which shut down entire parts of
communications systems — can never be justified
<https://www.article19.org/resources.php/resource/37951/en/joint-declaration-on-freedom-of-expression-and-responses-to-conflict-situation>
under international law.

*Disrupting internet access harms crisis response*

Not only are they illegal, shutdowns are bad public policy:  you do not
quell “rumour-mongering” by cutting off access to information. Attempts to
block online tools for crowd mobilization  disproportionately harm everyone
by restricting access to emergency services and news reports. Blocking also
cuts off avenues for public officials and community leaders to communicate
accurate information or voice calls for restraint. There is no compelling
evidence that shutting down of communication services improves security,
further casting doubt on the value of network shutdowns as tools for public
officials in democracies.

Given these concerns, it is even more imperative for us to recognise that
blanket denial of internet access is a violation of fundamental rights. As
Access’ Brett Solomon wrote recently
<https://www.accessnow.org/blog/2015/05/08/its-time-to-say-no-to-internet-shutdowns>
:

*Shutdowns are a horribly blunt instrument: they affect dissidents and
rabble-rousers, ambulance drivers, and worried parents alike, plunging
whole societies into darkness. Rather than increasing public safety, they
cut off access to vital information and send more people into the streets.*

*Who should fix this*

Telecommunications companies and ISPs are crucial gatekeepers in responding
to shutdown orders. We believe that they hold a responsibility to respect
the fundamental rights of their users and that they have an obligation to
ensure that users can access telecommunications networks at all times.
Together, the companies can push back on government requests and end — or
even prevent — shutdown orders by following the steps in our Telco Action
Plan.
<https://s3.amazonaws.com/access.3cdn.net/1f9ab2891a86f3f081_uom6iil1w.pdf>
In the present situation, in which a blanket network shutdown might not
even meet Indian legal and regulatory requirements, the onus falls on
telcos to act and respond to the government.

Access strongly believes no authority should issue internet shutdown
orders, and that authorities in the state of Gujarat should urgently
rescind the current blanket measures affecting so many Indian citizens and
institutions. Public officials and telecom companies should uphold their
duty to restore unfettered internet access for millions of users.

*For more information, contact Raman Jit Singh Chima at raman [at]
accessnow.org <http://accessnow.org> or at press at accessnow.org
<press at accessnow.org>.*

-- 
Deji Olukotun
Senior Global Advocacy Manager
Access | accessnow.org

tel: +1 415-935-4572 | @dejiridoo
PGP: 0x6012CDA8
Fingerprint: 3AEE 4194 F70E C806 A810 857A 6AD5 8F48 6012 CDA8

*Subscribe to our free weekly newsletter on digital rights, the Access
Express: accessnow.org/express <https://accessnow.org/express>*

-- 
Deji Olukotun
Senior Global Advocacy Manager
Access | accessnow.org

tel: +1 415-935-4572 | @dejiridoo
PGP: 0x6012CDA8
Fingerprint: 3AEE 4194 F70E C806 A810 857A 6AD5 8F48 6012 CDA8

*Subscribe to our free weekly newsletter on digital rights, the Access
Express: accessnow.org/express <https://accessnow.org/express>*

-- 

*Carolina Rossini *
*Vice President, International Policy*
*Public Knowledge*
*http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
+ 1 6176979389 | skype: carolrossini | @carolinarossini
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