Centre for Communication Governance at NLU delhi
Indian Case Law

Gaurav Suresh Bhai Vyas v. State of Gujarat, 2015 SCC OnLine Guj 6491

The Gujarat High Court held that Section 144 Cr.P.C. can be used by the Government to effect internet shutdowns notwithstanding the existence of a dedicated regime under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

View More

Paojel Chaoba v. State of Manipur, PIL No. 47 of 2018

The Manipur High Court’s order explores the technological possibility of blocking only specified mobile applications rather than shutting down the entire internet and disrupting other uses.

View More

Banashree Gogoi V. Union of India, PIL No. 78 of 2019

In a pathbreaking order, the Gauhati High Court directed immediate restoration of mobile internet services in Assam, noting that a shutdown of the internet services virtually amounted to bringing life to a grinding halt.

View More

Faheema Sharin v. State of Kerala, 2019 SCC Online Ker 2976

This Kerala High Court judgment holds, in the context of college students, that the right to access the internet is a fundamental right under Article 19(1)(a).

View More

Anuradha Bhasin V. Union of India, 2020 SCC OnLine SC 25

The Court noted that any internet shutdown order must be well reasoned, proportionate, reasonable and the least restrictive alternative in the given facts and circumstances. Further, such suspension, the Court noted, cannot be indefinitely and must be temporary in nature. Finally, the Court held that Section 69A of the Information Technology Act and the Rules framed thereunder can only be used to block specific websites and not the whole web.

View More

Foundation for Media Professionals v. Union Territory of Jammu & Kashmir, 2020 SCC OnLine SC 10817

The judgment was rendered in context of the restrictions imposed in Jammu & Kashmir by the Central Government by allowing only 2G internet over mobile phones while not restricting broadband services. Despite finding a violation of the Anuradha Bhasin judgment, the Supreme Court refused to intervene in the matter of internet shutdowns in Jammu & Kashmir. Rather, the Court directed a Special Committee to be constituted comprising of Union Home Secretary, the Union Communications Secretary, and the Chief Secretary of Jammu and Kashmir to examine the restrictions and consider allowing faster internet (3G or 4G) on a trial basis in certain locations.

View More

Shreya Singhal v. Union of India, (2015) 5 SCC 1

The Supreme Court held that intermediaries would be obliged under Section 79 of the Information Technology Act, 2000 to take down information hosted by them only upon the receipt of a court order to that effect, and not based merely on intimation from a private person. The Court recognized the chilling effect imposed on free speech by entrusting private corporations with the task of determining the legal from the illegal.

View More

Stay updated about our latest news and events.

Thanks For Subscribing To Our Newsletter