2 weeks Ago By Sharveya Parasnis
Explainer Briefly Slides On September 11, 2024, the government of Manipur announced an Internet shutdown in the Imphal Valley region, due to concerns that “anti-social” elements “may use social media” to transmit hate speech and inflammatory messages. The shutdown lasted for five days till September 15, 2024, following clashes between student protestors and the police. These five days were a throwback to last year, when Manipur saw the longest internet shutdown of 2023, lasting from May to December.
The shutdown totalled 5000 hours, making up the majority of India’s 7000-hour shutdown for the year. For the people of the state, this period entailed an almost complete disruption of their daily activities, from work to recreation. It hampered crucial relief work and made it difficult to contact family members.
Even when the internet was accessible, residents still faced censorship. How Did People Get Around The Shutdown? “The first internet ban in 2023 was hard but people got used to it,” said a photojournalist who declined to be identified. “This time, it didn’t make a lot of difference as people have learned to cope with it.
They have gotten institutionalised to shutdowns and curfews.” While last year’s shutdown covered the whole state, this year-round, the internet was banned only in five districts in the valley, he said. “So in places bordering the hilly districts, you can access the internet if you go to the fringe areas.
” When the whole state lost access to the internet last year, people residing near the Assam border had access to the internet. However, going closer to the hilly districts was dangerous due to the possibility of militant attacks. “In the border areas, a small crowd forms at night every day.
So it’s an easy target,” he said. Most of the people went there to get their dose of online entertainment, he suggested. “People will go there, download movies and come back.
” Internet, But At What Cost? When the State Government announced a controlled rollback of Internet suspension in July 2023, they attached a few conditions. A photojournalist who wished to remain anonymous revealed that those who wanted broadband had to sign a special undertaking form handed out by Internet Service Providers (ISP). This undertaking both prohibited users from saying “controversial things” online and using VPNs.
ISPs also charged a separate fee for the undertaking, as high as Rs. 3000 in some cases. Kumam Davidson, a social worker, signed the undertaking, as it was the only way to get Internet access at the time.
“An institutional and strategic take on censoring public dissent,” he commented. “They were basically asking us for our consent to be surveilled.” He also questioned the legality of the undertaking “Isn’t it a violation of my human rights?” He also described the psychological impact signing the undertaking had on him.
“It planted an idea in our heads that all of us were under surveillance. It affected the way we used the internet and said things.” Gayatri Malhotra, senior legal counsel at the Internet Freedom Foundation, questioned the legal basis of the undertaking.
“There is no provision in either the Telegraph Act or the Telecommunications Rules that mentions such an undertaking. So where are they deriving their authority from?” She called it an illegal undertaking that was not backed by law. “This is a really absurd solution to prevent any leakage in the internet shutdown,” she said.
Malhotra also pointed to the section that prohibited “the spreading of rumours, objectionable/provocative/inciting content or comments.” “Such vague terms place prior restraint on the freedom of speech,” she said. She also questioned if the government had any authority to punish people who violated the undertaking.
“Neither the Indian Telegraph Act nor the Telecommunication Act include any penalties for individuals,” she said. “There is no legal way to enforce this.” The Perils of Relief Work Compounding the internet shutdown was the fact that Manipur was in the middle of a deadly civil conflict, which has killed at least 219 people and displaced 60,000.
This meant that much of the work you could have done over the internet now needed you to be physically present. “It was an intensely traumatic, fear-inducing and unpredictable time for us,” said Davidson. He is the founder of the Matai Society, a Non-Governmental Organisation (NGO) that works with women, queer, trans community in the Bishnupur district of Manipur.
Davidson pointed out the dangers of venturing outside during a communal conflict. Working over the Internet would have been a lot safer, but the shutdown removed this shelter. Since they had to be physically present everywhere, it entailed a lot more risk, time and resource investment.
For his organisation, the network suspension posed great challenges for relief work, applying for grants and the general operations of his work. “When 65,000 people are displaced almost overnight, there is a need to mobilise relief workers, raise relief material and funds on a massive scale,” said Davidson. He remarked that the Internet shutdown last year almost completely crippled his ability to communicate with his team.
“We had to send important status updates, budget sheets and updates via traditional SMS,” he said, which was very difficult and tedious. The Matai Society had to scale down its operations and reconsider their feasibility in light of the new circumstances. They were unable to participate in a number of online consultations and webinars, making it difficult to connect with social workers outside the state.
Some of his volunteers had to withdraw from multiple fellowships that they had recieved, as they required online work and the organisation as a whole missed out on grant opportunities. “It’s a loss for both the fellow and the organisation,” he explained. The Internet suspension also affected his ability to keep up with events in his state and the rest of the world.
“We didn’t know what’s happening out there, we weren’t able to keep up with the news. Most importantly. We couldn’t tell our story to the world.
” Beyond this, Internet suspension had its own impact on the queer community, which the Matai Society works with extensively. “Many members of the LGBT community do not feel safe in their own homes,” he said. When one lives in such an unfriendly environment, Internet groups and communities become your safe space.
“We curate a number of online spaces for ourselves, so the shutdown left many of us completely isolated. The community fabric was torn down completely.” Eventually, Davidson obtained permission to access the Internet from the offices of the Department of Information and Public Relations (DPIR).
Located in Imphal, this meant a 45 km journey each way for him, in the middle of a conflict. “I had to travel 90 km just to check emails or send a document. It cost me a lot of time, stress and money,” he said.
Fortunately, people in his circle were quite co-operative. While online campaigns were restricted to the bare minimum, he was able to get help from people outside the state to run them. “In the process, we figured out how to rebuild solidarity,” he remarked.
How Did it Affect Students? Sonia*, a Manipuri student of sociology who studied in Bangalore, explained how difficult it was to keep in touch with her family. With the internet suspension removing access to WhatsApp or any other social media platform, calls and SMS were the only options for speaking to one’s family. “SMS have a daily limit however, so that limit how much you can talk,” she said.
The shutdown also presented a fresh host of challenges to students. “Many of my friends missed out on the CUET exams and NET exams and whatnot because they were not aware of any notifications regarding the exam,” said Sonia. Paying fees was also difficult, as students couldn’t receive money or allowances from their parents.
“What we generally did is if we do have relatives who live outside of Manipur, we tend to borrow from them and then our parents will pay back to them later,” she explained. The internet suspension wasn’t absolute though, with a few government offices being the exception. Citizens could use the internet there, but they needed a special permission slip and had to wait in a long queue for their turn.
“However, it’s not guaranteed that you get to access the internet, even if you have been standing in the queue for a very long time,” Sonia said. “The internet speed is also extremely slow. So even if you do get access, you can’t really get much work done,” she added.
Fake News And Free Speech In A Conflict Internet suspensions have been used extensively Indian governments in response to violence or civil unrest, especially in regions like Jammu & Kashmir and Northeast India . The government’s primary reasoning behind internet shutdowns is usually prevention of hate speech or misinformation, especially during times of communal violence. Manipur in particular has witnessed a protracted conflict between the Meitei and Kuki communities since May 2023, with militants from both sides attacking civilians.
On September 10, 2024, the government issued a notice reinstating the internet suspension for five days, citing the risk of “anti-social elements,” using social media for “the transmission of images, hate speech, and hate videos messages inciting the passions of the public” that could worsen the law and order situation in the region. “Social media became another platform for the conflict to escalate,” said a photojournalist from Manipur who did not wish to be named. Members of both Meitei and Kuki communities had formed WhatsApp groups, where they argued, debated and even insulted each other.
Other social media platforms like X (formerly Twitter) and Facebook also simmer with hate speech and propaganda from both sides. *Once upon a time, the Meetei save them and feed them. Today these kids killed meitei.
KUKI ARE JUST LIKE SNAKE, NEVER FEED THEM, THEY ALWAYS BITE BACK. pic.twitter.
com/nMDt55xjNn #Meitei have been treating Kuki with h@te. This video proves that Manipur Government And #Meitei are jealous of the#Kuki history #AngloKukiWar1917_1919 #Manipur @Chengchengpi @SamKhongsai_ @haokipkim128 @SushmaSh22 @Bec_Eimi @Kap57608111 pic.twitter.
com/2xuq5dvQSh Posts on social media cheer on militants from both sides, or show videos purported to be of skirmishes or attacks . Many of these posts are of civilian victims, often intended to provoke sympathy and anger. Some of these videos could be misleading or fake and end up having real world consequences.
As a Newsclick story showed, fake news about Meitei women being raped were used as pretext for further assaults on Kuki women. Do Internet Shutdowns Stop Fake News? While communal misinformation could perpetuate the conflict and create a pretext for further atrocities, there is little reason to believe that an internet suspension stops the flow of fake news. “Scholars and researchers have shown that internet shutdowns, often imposed to curb the spread of ‘fake news,’ ‘misinformation,’ or ‘rumour-mongering,’ are neither absolute nor effective in achieving their intended goals,” said Gayatri Malhotra, senior legal counsel at the Internet Freedom Foundation.
“They argue that as people become aware of the infrastructural flaws and loopholes in shutdowns, they find innovative ways to navigate and create alternative information ecosystems.” She stated that shutdowns can actually worsen the spread of harmful content by depriving individuals of tools for fact-checking and verification. “This allows the state to position itself as the sole authority on information, leaving fact-checking resources inaccessible and enabling the unchecked circulation of manipulated data, propaganda, and state-controlled narratives,” she explained.
According to Malhotra, research suggests that instead of reducing violence, internet shutdowns may inadvertently lead to an increase in violent incidents during protests. “Without access to online platforms for organizing and coordinating peaceful demonstrations, individuals may be forced to act impulsively, sometimes resorting to violence due to the lack of premeditated plans,” she argued. On top of that internet shutdowns may prevent people from learning about the government’s actions.
“The main reason to ban the internet is to stop people from knowing how the state is reacting to civil unrest,” said the journalist. Internet shutdowns make it difficult to spread news about state violence and repression , he explained, like pellet guns being used on protesting students. “This created a lot of tension between civilians and the security forces, and any sense of trust was lost,” he said.
The most recent shutdown follows a series of protests from the All Manipur Students’ Union (AMSU) demanding a withdrawal of the central security forces and asking for the Unified Command, the central government’s security advisor, under the Chief Minister. As students’ protests turned violent, the government declared a curfew and a subsequent internet suspension in Imphal on September 10. The protests themselves were triggered by militant drone attacks on civilian populations in the Imphal West district on September 1, 2024, which killed two people and injured nine others.
Similar attacks followed in other districts. A few days later, on September 9, a former army soldier was found dead after he crossed the buffer zone dividing the territories belonging to the two communities. How Does The Law Around Internet Shutdowns Work? Shruti Narayan, Asia Pacific Policy Fellow at Access Now, an international human rights organisation, explained the process.
Section 20 of the Telecommunications Act, 2023 , authorises the government to shutdown the internet at its description. The section states that the state or central government may suspend telecommunications services in the interest of “the sovereignty and integrity of India, defence and security of the State, friendly relations with foreign States, public order, or for preventing incitement to the commission of any offence.” The procedure for suspending the internet is present in the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
However, the recently released draft Temporary Suspension of Telecommunication Services Rules could replace these, when finalised. “Currently, all safeguards and procedures for operationalizing shutdown powers under the Telecom Act 2023 have been left to the Rules. More worryingly, the Act itself doesn’t mention the proportionality and necessity standard,” said Narayan.
“Authorities also need to follow the law laid down by the Supreme Court in Anuradha Bhasin v. Union of India , where a three-judge bench of the Supreme Court held that: ‘Any order suspending internet issued under the Suspension Rules, must adhere to the principle of proportionality and must not extend beyond necessary duration’,” she said. She explained that the principle of proportionality is a test applied to any action which limits fundamental rights and involves asking questions like: “Additionally the Supreme Court held in Anuradha Bhasin that shutdowns cannot be indefinite and their orders must be published.
Further, people must have legal remedies and be able to challenge shutdown orders,” she said. In a subsequent case, Foundation for Media Professionals v. Union Territory of Jammu and Kashmir & Anr.
, the Supreme Court held that the government must also publish orders of Review Committees. How Does It Work In Practice? In practice, governments may not always follow the above mentioned safeguards. “Authorities have repeatedly failed to comply with even the basic requirement of publishing shutdown orders.
Even in the case of Manipur, the government stopped publishing shutdown orders despite clear instructions from the High Court,” said Narayan. “The failure to publish orders in a timely way means that sometimes shutdowns are implemented without following procedure, as seen in the Jharkhand High Court’s observations around the recent unlawful shutdown to prevent cheating in examinations.” Review committee orders are also rarely published, she said, despite the Supreme Court order.
On top of that, the proportionality standard is inadequately applied and reasons given in the shutdown orders are often vague, general, and broad. Shutdowns are also sometimes extended through consecutive orders, effectively bypassing any legal time limit. The New Draft Rules May Not Be Better On August 28 this year, released new draft rules for internet suspension under the Telecommunication Act, 2023 .
While they do state that the government must publish Internet suspension orders and clearly state the reasons, they leave a lot to be desired. She pointed out that there was nothing in the rules to prevent the re-issuance of a suspension order. “The repeated re-issuance of suspension orders, for example in Manipur in 2023 for seven months, clearly violates the principle of proportionality and necessity,” she said.
The provided time limit for each suspension order is 15 days, which Narayan considers to be arbitrary, as there is no justification for why a shutdown should be permitted for up to 15 days in all cases. There were also insufficient safeguards against abuse of shutdown powers, like the lack of an independent review committee. While the rules did have the provision for an internal review mechanism, this committee would only include members of the government like the cabinet secretary or the chief secretary to the state.
“Review by the executive is essentially a self-review mechanism which fails to provide fair and unbiased assessment,” commented Narayan. The rules also did not require publication of review committee orders. Do the ends justify the means? The Manipur internet shutdown not only disrupted crucial relief efforts, but as a petition in front of the Supreme Court pointed out, it brought people’s “lives and livelihood to a standstill.
” Not only did it affect their mental health, but prevented them from accessing schools, banks, and online methods of payments or markets, which are crucial in today’s age. There is also little reason to be believe that the shutdown did anything to prevent the spread of hate speech or misinformation. In fact, the Editor’s Guild of India argued in a report that instead of controlling the conflict, the shutdown blocked alternative points of view while feeding rumours.
Internet shutdowns can also have serious economic consequences. A report by Top10Vpn.com suggested that India incurred an economic cost of $585.
4 million due to internet shutdowns in 2023. India ranked fifth in the list of countries that imposed the most internet restriction measures that year and lost $184.3 million for the same reason in 2022.
The government’s language with shutdown orders is already vague and their reasons often opaque and arbitrary. The new draft rules do not seem to address many of these problems, and could very well perpetuate governance regimes that deny people their fundamental rights, disrupt their lives and achieve little measurable progress. *Name changed to protect identity .
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