Right to The Internet: A Constitutional Perspective
Right to the Internet: A Constitutional Perspective
Introduction
The right to the internet is increasingly being recognized as an essential component of fundamental rights in the digital age. Although the internet itself is not explicitly mentioned in most constitutions, courts around the world have interpreted existing fundamental rights to include access to the internet as a vital means of exercising those rights.
Constitutional Foundations
Freedom of Speech and Expression (Article 19(1)(a) of the Indian Constitution)
The internet is a critical platform for exercising the right to freedom of speech and expression.
The Supreme Court of India in Anuradha Bhasin v. Union of India (2020) emphasized that internet access is crucial to the exercise of freedom of speech and expression and the right to information.
The court held that the right to access the internet flows from Article 19(1)(a), and restrictions on internet access must pass the test of reasonableness under Article 19(2).
Right to Information (Article 19(1)(a))
The internet is a major medium for accessing information, thereby reinforcing the right to information.
The denial of internet access can hinder this fundamental right.
Right to Education (Article 21A) and Right to Life and Personal Liberty (Article 21)
In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court declared the right to privacy as a fundamental right under Article 21.
The internet being a tool for education, social interaction, and access to services, restriction to it affects the right to life and personal liberty.
During the COVID-19 pandemic, the importance of internet access for education was underscored globally.
Key Case Laws on Right to Internet
Anuradha Bhasin v. Union of India (2020)
Facts: Internet services were suspended in Jammu and Kashmir following the abrogation of Article 370.
Judgment: The Supreme Court ruled that internet access is an intrinsic part of the right to freedom of speech and expression under Article 19(1)(a). Any restriction must comply with the principle of proportionality and reasonableness under Article 19(2). Blanket bans or long-term suspension of internet services are unconstitutional unless justified by the tests laid down in law.
Telecom Regulatory Authority of India (TRAI) on Net Neutrality
While not a court case, TRAI's regulation on net neutrality protects users from discrimination or blocking of internet content, ensuring equal and open access to the internet, which aligns with constitutional rights.
Berners-Lee’s International View (Global Perspective)
Though not a case law, globally, courts like the European Court of Human Rights (ECtHR) have recognized internet access as integral to freedom of expression.
In Delfi AS v. Estonia (2015), the ECtHR held that internet intermediaries have a role in ensuring freedom of expression, reinforcing the idea that internet platforms are modern public squares.
Restrictions on Internet Access: Constitutional Limits
Governments may restrict internet access under certain circumstances (national security, public order, sovereignty), but such restrictions must satisfy:
Legality: Must be backed by law.
Necessity and Proportionality: Must be necessary for a legitimate aim and proportionate to the goal.
Procedural Safeguards: Transparency and the right to challenge restrictions in court.
The Anuradha Bhasin case specifically articulated these safeguards and invalidated blanket internet shutdowns without sufficient justification.
Emerging Debates
Universal Right to Internet Access
There is growing advocacy for declaring internet access as a fundamental right globally, given its role in enabling the exercise of other rights.
UN bodies have recognized internet access as essential for the realization of human rights.
Digital Divide
The absence of universal internet access exacerbates inequalities and restricts marginalized communities' participation in democratic and economic life.
Conclusion
While the right to the internet is not explicitly stated in most constitutions, judicial interpretations increasingly recognize it as implicit within existing fundamental rights, particularly the right to freedom of speech and expression, right to information, and right to privacy. The Indian Supreme Court's ruling in Anuradha Bhasin v. Union of India is a landmark judgment affirming that internet access is essential for exercising these constitutional rights and that any restrictions must comply with constitutional safeguards.
RELATED Blog
0 comments