Jharkhand High Court Emphasises Transparency in Internet Shutdown Orders
W.P.(PIL) No. 3947 of 2022
By Rishika Sinha
In Software Freedom Law Centre, India v. State of Jharkhand, the High Court of Jharkhand examined the legality and procedural transparency surrounding temporary internet shutdowns imposed by the State government during periods of public unrest. The Public Interest Litigation was filed by the Software Freedom Law Centre, India, seeking disclosure and judicial review of government orders dated 7 February 2022, 10 June 2022, and 11 June 2022, through which internet services had been suspended in several districts of Jharkhand. The petitioner also sought strict enforcement of the principles laid down by the Supreme Court in Anuradha Bhasin v. Union of India concerning internet shutdowns and freedom of expression.
The State defended its actions by contending that the suspensions were imposed only during emergent situations involving threats to public order and safety. According to the government, the shutdowns were temporary measures intended to prevent the spread of rumours and misinformation that could potentially lead to violence and disruption of law and order. The State further submitted that the actions were taken under the powers conferred by the Temporary Suspension of Telecom Services Rules, 2017, and were revoked shortly after normalcy was restored.
While the High Court did not find the temporary suspension of internet services itself to be illegal in the facts of the case, it expressed concern over the State’s failure to publish the shutdown orders on official websites promptly. Relying upon the Supreme Court’s decisions in Anuradha Bhasin v. Union of India and Foundation for Media Professionals v. Union Territory of Jammu and Kashmir, the Court reiterated that transparency and public accessibility of such orders are essential safeguards in a constitutional democracy. Consequently, the Bench directed the State Government to upload all previous internet suspension orders within forty-eight hours and to strictly comply with the procedural safeguards prescribed by the Supreme Court in future instances of internet shutdowns.
The ruling is significant in reinforcing the principle that although the State may temporarily restrict internet access in situations involving public emergency or public safety, such measures remain subject to constitutional scrutiny, procedural accountability, and the requirement of transparency.
