Right to The Internet: A Constitutional Perspective | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Right to Information and Right to Know serve as crucial pillars of freedom of speech and expression. In today's digital age, where much of our daily activities are conducted online, the internet has emerged as a primary source of information. India's internet user base has surged past 627 million in 2019, surpassing even the USA.
• However, alongside its vast benefits, the internet also presents challenges. The digital realm has become a platform where media can be manipulated and controlled by political interests, and where hate speech can proliferate unchecked. Recent incidents, such as wrestler Babita Phogat facing legal action for spreading hate speech targeting a particular community, underscore these challenges.
• Moreover, the prevalence of internet shutdowns in India, particularly in 2016, highlights the significant impact such actions can have on communication, freedom of expression, and access to information.
• Given these circumstances, there is a compelling argument for recognizing the Right to the Internet as a fundamental right. Acknowledging internet access as a fundamental right would not only affirm the importance of digital connectivity in modern life but also serve to safeguard individuals' rights to information, expression, and communication. Such recognition would be essential for fostering a more inclusive and democratic society in the digital age.

Right to the Internet: Understanding its Significance

• Definition of Right to the Internet:
  • The concept of "Right to the Internet" pertains to the essential access to the Internet that each individual should have in today's world.
• Types of Rights:
  • Positive Rights: These rights enable individuals to make claims for certain entitlements.
  • Negative Rights: Inherent rights that individuals possess by virtue of being human, such as freedom of speech and right to equality.
• Understanding the Right to the Internet:
  • The right to access the Internet can be viewed as both a positive and negative right.
  • Internet access plays a crucial role in facilitating the exercise of negative rights, recognized by the international community.
• International Recognition:
  • In 2016, the United Nations Human Rights Council emphasized the importance of Internet access as a human right.
  • The Internet is acknowledged as a powerful tool for enhancing transparency, access to information, and citizen participation in democratic processes.

Nature of Right of the Internet in Indian Context

• In the Indian context, the "Right to access to the Internet" is not explicitly stated as a positive right.
• It can be considered a "Derivative right," essential for fulfilling the objectives of the constitution.
• These rights, known as 'penumbral rights' or 'unenumerated rights' in the American legal system, have been expanded by the Indian Supreme Court.
• For instance, rights such as the right to sleep, right to a clean environment, and right to privacy have been included under Article 21.
• The right to the Internet is viewed as a facilitator for other fundamental rights, including those under Article 19, Article 21, Article 21A, and Article 14 of the Indian Constitution.

"Right to the Internet" as a facet of various other fundamental rights:

In relation to Article 19(1)(a)-

• The right to freedom of speech and expression under Article 19(1)(a) has evolved through various legal cases.
• Interpretations of this right have expanded to include freedoms such as the freedom to print, exhibit films, impart and receive information, including the freedom to hold opinions, and freedom of the press.
• The Supreme Court has affirmed that the "Right to access the internet" is encompassed within this article, highlighting the increasing significance of the internet in modern communication.
• In the case of Maneka Gandhi v. UOI, the court emphasized that freedom of speech and expression transcends geographical boundaries, enabling citizens to exchange information and thoughts globally.
• Additionally, in Gopalji Prasad v. State of Sikkim, the court recognized that the right to freedom of speech and expression extends to the realm of the internet.
• In the landmark case of Shreya Singhal v. UOI, Section 66-A of the Information Technology Act was struck down for imposing unjustifiable restrictions on freedom of speech.
• The internet has emerged as a crucial medium for information exchange, offering two-way communication unlike traditional sources such as radio and newspapers.
• Given the paramount importance of the internet, there is a growing argument for recognizing the right to access the internet as a fundamental right, with any restrictions on this right needing to align with the limitations outlined in Article 19(2).

In Relation to the Impact of Internet on Article 19(1)(g)

• The internet has undergone significant transformations over the past decade, revolutionizing not just lifestyles but also becoming a vital source of livelihood for many.
• A study by Google and A.T. Kearney predicts that by 2020, e-commerce alone will evolve into a $60 billion industry in gross merchandising value.
• The internet now plays a substantial role in contributing to the Indian GDP, fostering the growth of successful e-commerce ventures like Flipkart, Nyka, and Snapdeal.
• Internet platforms have expanded trade and commerce beyond traditional retail spaces, making shutdowns detrimental to both individuals and the economy.
• Even a brief interruption in online activities can result in significant losses, highlighting the critical nature of uninterrupted internet access for economic activities.
• Enforcing minimal shutdowns is crucial as prolonged disruptions would contravene Article 19(1)(g) of the Indian Constitution, which guarantees the right to practice any profession, trade, or business.

In Relation to Article 21

• Recently, the Allahabad High Court initiated a suo motu Public Interest Litigation (PIL) concerning the suspension of internet services in Uttar Pradesh. The court rightly emphasized that uninterrupted internet access is an extension of the right to life, stating that its discontinuation violates Article 21 of the Indian Constitution.
• Similarly, the Kerala High Court previously affirmed that the right to access the internet is intertwined with fundamental rights such as the right to education and privacy under Article 21 of the Constitution. This interpretation potentially opens avenues for considering the inclusion of the "Right to life" within Article 21.
• Historically, the Supreme Court of India has consistently favored a broad interpretation of the "Right to life," asserting that it encompasses more than mere biological existence. The court has emphasized the importance of a complete, meaningful, and dignified life, expanding the scope of this right to encompass essential elements for a fulfilling life.
• In the contemporary context, the centrality of the internet in our daily lives is evident. Functions ranging from the dissemination of government notifications and circulars to the implementation of social benefit schemes heavily rely on digital platforms. The COVID-19 pandemic has further underscored the internet's significance, with concepts like "work from home" and "e-learning" becoming integral aspects of our new normal.
• Therefore, advocating for the inclusion of the "Right to the internet" within the purview of the "Right to life" could provide a novel dimension and significance to the constitutional guarantee, aligning it with the evolving societal needs and technological advancements.

Article 21A and Right to Education

• The 86th amendment of the Indian Constitution Act, 2002 introduced Article 21A, which established the right to education as a fundamental right for children aged 6-14 years.
• The Supreme Court, in the case of Mohini Jain Vs. State of Karnataka, emphasized that the right to education is inherent in the right to life, as a person's dignity is incomplete without access to education.

Role of Internet in Education

• The internet plays a crucial role in providing education not only at higher levels but also in elementary and primary education.
• In the year 2016, the market for online primary and secondary education was valued at a significant USD 73 million.
• Denying internet access for basic education would deprive a large section of Indian society of online learning opportunities, diplomas, and even job prospects.

Conclusion

• We reside in a democratic nation where public participation holds utmost importance.
• For enhanced public engagement, the government needs to ensure unrestricted internet access with certain limitations.
• Recognizing the critical need to uphold the right to the internet, it is vital to protect this right without disruption.
• The internet serves not only as a communication medium but also as a source of livelihood.
• During the current Covid-19 crisis, individuals stranded in different locations rely on the internet for seeking help due to a lack of alternative communication methods.
• Furthermore, in the quest to revive the economy, many businesses have shifted online.
• Courts should view the internet not merely as a facade for human rights but as an essential right.
• As India progresses towards a global economy, frequent unexamined internet shutdowns could lead to undesirable consequences.
• Therefore, it is crucial to acknowledge the right to the internet as a fundamental right, with any restrictions based on thorough examination supported by logical reasoning.