top of page

Constitutional Limits On Internet Shutdowns: A Comparative Study Of India And The United States

Oct 18
2 min read



Ananya Vidhu Sharma, Amity University, Noida, Uttar Pradesh


ABSTRACT


The Internet has become a vital access mode to freedom of expression, access to information, education, trade and democratic participation. But, governments are increasingly resorting to internet shut down to ensure public order, avert violence and counter security threats. They have the potential to avoid significant constitutional concerns if their use does not infringe too heavily on basic rights, but are problematic if applied too much or too arbitrarily, as they damage basic rights, the accountability of the executive, and the proportionality of the state action. This study discusses the constitutionality of internet shutdowns with comparative context, Indian and U.S. constitutional frameworks and judicial approaches, and mechanisms of governmental accountability.


The constitutional consequential aspects of internet shutdowns, in India, are closely linked with the freedom of speech and expression guaranteed by Article 19(1)(a) and freedom to practice any profession or to carry on any occupation, trade or business" guaranteed by Article 19(1)(g) of the Constitution. Anuradha Bhasin v. Union of India laid down crucial rules with regard to the mandatory, proportionality, publication and judicial review of suspension orders. The First Amendment in the United States fills a significant amount of the space of freedom of speech, and both Reno v. American Civil Liberties Union and Packingham v. North Carolina have shown the constitutional importance of online communication and access.


Taking a doctrinal and comparative approach, the research scrutinizes constitutional texts, laws, case law, and other sources like institutional documents. It examines the current state of legal norms governing internet shut downs, the extent of the executive's broad discretion, procedural safeguards and the impact on civil liberties and economic activities as a result of internet shutdowns. The study pleads for CCF and other constitutional freedoms to have a balanced score against the legitimate security goal through the use of strict legality, necessity, proportionately, transparently, and with effective judicial oversight. Finally, it outlines measures that could enhance constitutional accountability and reduce internet shutdowns in democratic countries.


Keywords: Internet Shutdowns, Constitutional Law, Freedom of Speech and Expression, Proportionality, Digital Rights, First Amendment, Judicial Review, Comparative Constitutional Law.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page