Literature from the Indian context

BBC Click, Can Governments Shutdown the Internet (YouTube, 2019)

A comprehensive documentary on Internet Shutdowns in Jammu &

Kashmir.

Devdutta Mukhopadhyay & Apar Gupta, Jammu & Kashmir Internet Restrictions Cases: A Missed Opportunity to Redefine Fundamental Rights in the Digital Age, 9 INDIAN J. CONST. L. 207

The authors examine the Supreme Court’s judgments in Anuradha Bhasin and Foundation for Media Professionals from the lens of judicial process. Criticizing the Court for its judicial abdication, they argue that the Court’s guidelines have “failed to act as a meaningful check on the executive branch” even though they “provide precedential value for future litigation

Geetha Hariharan and Padmini Baruah, The Legal Validity of Internet Bans (The Centre for Internet & Society, 8 Oct 2015)

The authors argue that Section 69A of the Information Technology Act, 2000 is a special provision dealing with the subject of internet shutdowns. Hence, applying the principle generalia specialibus non derogant, the authors argue that the said provision ousts the applicability of Section 144 Cr.P.C. in the context of internet blockades or shutdowns.

Jan Rydzak, Of Blackouts and Bandhs: The Strategy and Structure of Disconnected Protest in India (Global Digital Policy Incubator, Stanford University, 2019)

The paper argues that information blackouts compel participants in collective action in India to substitute non-violent tactics for violent ones that are less reliant on effective communication and coordination

Legality of Internet Shutdowns under Section 144 of the Code of Criminal Procedure (SFLC.in, 2 Oct 2016)

This short essay explores the validity of exercise of power under Section 144 Cr.P.C. to impose internet shutdowns.

Living in Digital Darkness: A Handbook on Internet Shutdowns in India (SFLC.in, 2018)

This report seeks to provide a detailed look at how Internet shutdowns work in India so as to add to the growing body of research literature that informs policy discussions in this regard.

Mishi Choudhary (re:publica), “Why bother when you can just kill it?” (YouTube, 2017)

The lecture discusses the growing tendency of governments to use a sledgehammer approach and shutdown the complete internet rather than seeking to adopt lesser restrictive and more nuanced means.

Nakul Nayak, The Anatomy of Internet Shutdowns–I (Of Kill Switches and Legal Vacuums) (CCG-NLU Blog, 29 Aug 2015)

The author discusses the legal framework applicable to internet shutdowns including the IT Act, the Telegraph Act and the Unified License regime. Some issues including who may issue shutdown orders, legal basis of those orders, and larger issues of public transparency in issuing such orders are identified.

Nakul Nayak, The Anatomy of Internet Shutdowns – II (Gujarat & Constitutional Questions) (CCG-NLU Blog, 1 Sep 2015)

The author discusses the then-in vogue internet shutdown in Gujarat and its constitutional problems including overbreadth.

Nakul Nayak, The Legal Disconnect: An Analysis of India’s Internet Shutdown Laws (IFF Working Paper Series, 2018)

The author identifies proper safeguards applicable to internet shutdowns and locates them in natural justice and principles of administrative law.

Stay updated about our latest news and events.