Right to the Internet: A Crisp Analysis

In this fast-moving world, we are bound to use the internet and connect to the world within seconds. As data is in new oil, we must know how one is protected by law in this online world. We must be aware of how the Right to the Internet plays a key role in protecting one’s freedom of speech and expression. We will discuss the Right to the Internet from different perspectives and how the Right to the Internet is set in the Indian context in the following article.

The Internet is a vast network connecting computers worldwide, enabling people to share information and communicate from anywhere with an Internet connection.

Key Points:

• Global Connectivity: The Internet links private, public, academic, business, and government networks, facilitating communication and data exchange across the globe.

• World Wide Web: Often confused with the Internet, the World Wide Web is a collection of documents and resources, linked by hyperlinks and URLs, accessed via browsers.

• Usage Statistics: As of 2021, nearly 5 billion people, about 53% of the global population, use the Internet.

• Cybersecurity Measures: Recent initiatives, such as President Joe Biden's executive order, aim to strengthen U.S. cybersecurity and protect against foreign hackers.

• Social Media Influence: Platforms like TikTok have transformed social media, leading others to adopt its endless scrolling, vertical video feed format.

1. Why the Internet is so important?

• We all have the internet at our fingertips and it is not a small thing to possess because there are 60 per cent of people on Earth do not possess the right to the internet.
• And when we look at developed nations just 1 out of 10 individuals have internet access.
• Along with this, there are a lot of nations that don’t permit their citizens to get certain data; they limit it to do so like China. However, in today’s creation, no advancement is possible without even digitalization.

2. Why Right to the Internet is of concern?

• Let us first look at the approaches of the authorities because of which the Right to the Internet is of concern.
• In 2016, UNHRC reported the Right to the Web ought to be made a basic right. Several years ago like this; they requested a brand new right to eventually become a basic right which was the Right to Education.
• Sometimes government tries to restrict the freedom of citizens by restricting Internet Freedom arbitrarily for domestic. Here, it becomes important to be aware of rights as we are doing right now.

3. Right to the Internet in the Indian context:

• So now let us discuss India’s approach towards the Internet and its rights.
• In the past 10 decades, there were approximately 400 Web shutdowns in India.
• And should we look at the last 1 year about 4th Aug 2019 when the Indian parliament revoked Article 370 in the Constitution and divided the State of Jammu and Kashmir into two Union Territories making up Jammu and Kashmir and Ladakh.
• And for maintaining safety the authorities imposed section 144 which prohibits the meeting of over 5 people.
• Along with this, they did Internet Shutdown, and this shutdown became the greatest internet shutdown in India.
• So Because of safety issues, on 4th Aug 2019, the services of J&K were suspended. Also, it has revived the following 213 days on 4th March 2020.
• And that is why it’s the greatest shutdown of the Nation became the talk of the town. On both of these dates, there were important conclusions made which later on determined the new right of the Country, the Right to the Internet.

Important historical moments concerning the Right to the Internet in India:
We’ll discuss three important instances:

1.  The first instance was Faheema Shirin R.K. v. the State of Kerala:
   • In this, Faheema Shirin who was a school student, and in their woman’s hostel, were not permitted to use mobile phones from 6 PM to 10 PM as per the directions from the Principal.
   • Because of the limitation of this hostel of providing no internet from 6 PM to 10 PM, a case was registered in front of Justice P V Asha, a sole judge bench of the Kerala high court.
   • Remembering the learning process and development of the pupils, this court generated an important judgment and stated that the Right to get the worldwide Web is a basic right.
   • Also it had been inserted using Article 21 of the ministry Right to privacy and Right to Get Web was added Regarding the Right to Education.

•  The second situation was of Anuradha Bhasin v. Union of India:
  • This situation directly relates to Jammu and Kashmir
  • They registered this case on 10th January, where the online ban was contested, which was enforced on 4th Aug 2019.
  • They stated that restricting physical motion together with shutting down all the mediums of internet communication.
  • It violates basic Fundament Rights under Art. 19 of the Indian Constitution since the Right to the Web is Part of Art. 19(1)(a).
  •The  Supreme Court stated, that because of immediate danger or safety issues, a temporary ban on any solutions is permissible.
  • However, for an extended period, services can’t be suspended. The balance ought to be kept between domestic security and individual rights.
  • So after 10th January, the lowest rate 2G net was granted in J&K.

•  But following the Event of Anuradha Bhasin, they filed yet another case in court. The instance was Foundation of Media Professionals v. Union of India:
  Here, the ban on 3G and 4G net service in J&K was contested. This instance is popularly also known as the 4G case.
  Here, they stated that such a ban on internet services entirely violates the Right to Education, Right to Profession, Right to Health, and lots of basic rights.
  • The Supreme Court issued instructions to restart 4G services and set up a questionnaire together with this.
  • After much debate, the center directed to restart 4G services as a trial basis on restricted Regions of J&K following 15 August 2019.

Important

Cybersecurity and Privacy:

• Importance of online security and protecting personal data.
• Topics like phishing attacks, ransomware, VPNs, and encryption.

The Internet of Things (IoT):

• How everyday devices (smart thermostats, lights, appliances) are connected to the Internet.
• Implications for smart homes, healthcare, and industrial automation.

Social Media and Digital Marketing:

• The impact of social platforms like Instagram, TikTok, and LinkedIn on communication and business.
• Strategies for content creation, influencer marketing, and audience engagement.

Artificial Intelligence and Machine Learning:

• How AI powers Internet services, from recommendation algorithms to chatbots.
• Ethical concerns and potential impacts on society.

Evolution of Internet Infrastructure:

• Advances in 5G, fiber optics, and satellite Internet (e.g., Starlink).
• Challenges of digital inclusion and bridging the global digital divide.

Conclusion:

• We must know our Rights and Laws, and the following platforms can easily help in this.
• We understand that the Internet is very crucial for today’s Industrialized and Globalized world, where people can connect by a few clicks. So, the Right to the Internet acts as support that makes the Internet accessible to people with the least limitations.
• It is important to keep a balance between domestic interests and individual rights.