Government issues rules for internet shutdowns in India – beyond CrPC

Seeking to further legitimise the (objectionable) practice of Internet (and telecom services) shutdowns, the Department of Telecommunications has issued rules under the Telegraph Act, 1885, which gives the Central as well as State Government(s), authority to suspend ‘telecom services’..Software Freedom Law Centre has been maintaining a database of reported internet shutdowns in India, with the total count to 101 of which 42 have been in 2017 alone. While the Rules continue to leave scope of arbitrariness, they do offer a certain level of scrutiny as well as accountability..The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, which were issued (and notified) on August 7, 2017, allow suspension of telecom services, subject to review..Who can issue the direction?.The secretary to the Government of India or the secretary to the State’s home ministry can issue the order to shut down internet in a state or across the country. In unavoidable circumstances, the order can be issued by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorised by the Union Home Secretary or the State Home Secretary, as the case may be. The order will be subject to the confirmation from the Union Home authority (most likely Home Ministry) within 24 hours..What is the procedure?.An officer not below the rank of superintendent of police or of the equivalent rank will convey order to the “telegraph authority”, or to the designated ISPs, who have been granted licenses under section 4 of the Telegraph Act. The order has to be conveyed either in writing or via secure mode of electronic communication. The implementation will be determined by the telegraph authority..What is the level of scrutiny?.A “review committee” of three members constituted by the State government or the Central government will meet within five working days of issue of directions for suspension of services due to public emergency or public safety and record its findings on whether the directions issued are in accordance with the Act or not..However, the Rules certainly fall short of according any power to the review committee to take action in case of any adverse findings with respect to order of suspension..It appears that the Rules have been drafted without conducting any public consultation either. Until now, the practice of internet shutdowns was being routed through section 144 of the Criminal Procedure, which allows a district magistrate or any other executive magistrate (empowered by the State government in this behalf) to pass an order directing any person to abstain from a certain act, for the purpose of ‘maintaining public tranquility’..(Image taken from here).(Read the Rules)