Delhi Internet shutdown during CJP protest: Where does the law stand? | Explained
The story so far: Mobile Internet services were shut down in parts of Central Delhi during the Chalo Sansad protest organised by the Cockroach Janta
The story so far: Mobile Internet services were shut down in parts of Central Delhi during the Chalo Sansad protest organised by the Cockroach Janta Party (CJP). Thousands of people, led by the CJP, gathered on the opening day of the Monsoon Session of Parliament to demand the resignation of Union Education Minister Dharmendra Pradhan following repeated instances of examination paper leaks in connection with the administration of the Eligibility and Entrance Test (NEET), among other demands. The Internet shutdown, which remained in place until the evening, drew condemnation from the Internet Freedom Foundation (IFF) and the Software Freedom Law Centre, India (SFLC). Reportedly, signal jammers had been deployed to disrupt access to the Internet during the protest. Protesters faced difficulties uploading videos and using navigation apps. What is an Internet shutdown? According to web rights advocacy organisation Access Now, an Internet shutdown is defined as “an intentional disruption of Internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.” They take many forms, from full network disruptions to slowing down Internet speed (“throttling”) or blocking platforms. Most Internet shutdowns are ordered when large numbers of people are expected to gather for political reasons, peaceful demonstrations, violent protests or religious celebrations, according to the International Federation of Journalists. Some are preventive measures imposed in anticipation of an event, while others are introduced to control ongoing incidents. When can the government legally suspend Internet services during a protest? Under Section 20(2)(b) of the Telecommunications Act, 2023, telecommunication services may be suspended only on the occurrence of a public emergency or in the interest of public safety, on the grounds specified in that provision, and for reasons recorded in writing. “A protest, by itself, is not a lawful ground for suspending Internet services.
Under Section 20(2) of the Telecommunications Act, 2023, a suspension may be ordered only during a public emergency or in the interest of public safety, and only for specified purposes such as maintaining public order. The order must be reasoned, published, limited in area and duration, and issued by the competent authority under the Telecommunications Suspension Rules, 2024. The government must also consider whether less restrictive measures would be sufficient,” said Apar Gupta, Advocate and Founder of the Internet Freedom Foundation. Which law governs Internet shutdowns? Internet shutdowns in India were earlier governed by Section 5(2) of the Indian Telegraph Act, 1885 and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. These have now been replaced by Section 20 of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024. “The publication of such Internet suspension orders is necessary and mandatory for ensuring transparency, accountability and proportionality, as required by Rule 3(2) of the Telecommunications (Temporary Suspension of Services) Rules, 2024, read with Section 20(2)(b) of the Telecommunications Act, 2023. The law states that each order is not only required to be published but should also include crucial details such as the date, time, duration, and the specific area where the suspension will be in effect,” SFLC said in a statement. Despite the updated legal framework, a review by the Digital Defenders Network found that several shutdown orders issued by State governments since late 2024 continue to invoke Section 5(2) of the Indian Telegraph Act, 1885 and the 2017 Rules. For instance, the Secretary, Home Department, Uttar Pradesh, issued an Internet suspension order applicable to the district of Bareilly on October 2, 2025, invoking Section 7 of the Telegraph Act read with Rule 2(1) of the 2017 Rules. Similarly, the Secretary, Home Department, Manipur, on June 7, 2025, issued an order suspending mobile data, VSAT and VPN services by relying on the 2017 Rules.
The BriefWire