By Avikalp Mishra
Internet has been, without doubt, one of the most important innovations created by the human race. It has significantly contributed to a revolutionary development in many fields, be it medicine, education, business, politics or administration. As far as the political and administrative sphere is concerned, a free internet is indispensable to achieve a meaningful participation of the general public in the democratic process. The democratic participation that involves means of social media and internet to interact with political governance is known as e-democracy.[i]
Internet is a powerful medium, if seen in the context of improving and strengthening democracy. The core research problem that shall be addressed in this research paper is the crucial role played by the internet, and also the access to it through various means, in the development and functioning of Indian democracy. As far as democracy is concerned, it mainly involves a proper participation of the people in the decision making process, not only limited to choosing their leaders, but also taking part in the development of such policies or administrative activities which directly (or indirectly) affect them. The internet is a place where it is both convenient and efficient to voice one’s opinion.
In the 21st century, with the development of the world and increase in globalization, it has become almost impossible to not be affected by the decisions taken by the authorities, especially in one’s own country. It is neither practical nor feasible to physically acquire the opinion of everyone before undertaking a policy decision. However, with the help of the internet, it is now possible to conduct surveys, opinion polls etc. to acquire the same.
Especially, in the context of social media, it is quite simple for the people to convey their opinion on any trending policy or political issue. However, the state of internet freedom and availability in our country needs a critical evaluation. While the importance of a free internet is indispensable, it is also mostly true that the authority in power (mostly the government ruling party) is not often amicable to any criticism. Therefore, one may observe significant infringements upon a person’s freedom of utilizing the internet, in the form of internet shutdowns. While this measure may sometimes be employed for genuine purposes such as prevention of public disorder, it is usually employed to curtail any expression utilizing social media or other internet platforms which is hostile to the ruling regime.
There have been some significant judicial pronouncements by the Indian courts on this aspect, which shall be further discussed during the course of this research. It is also pertinent to indulge into the pros and cons of internet, particularly social media with respect to its use as an instrument in the context of Indian democracy. While there are several advantages of them, there is also a possibility of their negative utilization, such as tools of spreading misinformation, propaganda, fake news etc. These aspects shall be properly discussed under the critical analysis section.
Freedom of internet, social media and democracy: A study of the relationship between them
Before delving into the specific aspects of what comprises freedom of internet, social media and contextualizing it with respect to Indian democracy; it is necessary to have a basic understanding of the term internet. In the simplest technical sense, it is a network of networks.[ii]
To put it more concretely, it involves an inter-connection between several devices (mostly Computers) throughout the world; and enables network communication. These networks do not necessarily need to pertain to a specific type or sphere. They could be of an educational nature, or could relate to a business environment. In addition to these, they could also relate to a technical field, or a government sphere. In the context of government spheres, the use and relevance of the internet is significant. It is well-known that a proper governance cannot be carried out in the absence of people’s active participation in political and administrative activites. The use of the internet in such a context then becomes relevant.
With the aspect of the usage of internet comes along the relevance of the freedom to use the internet (or simply, freedom of internet). The relevance of the same can be understood from the fact that a freely accessible internet can encourage not only a better communication between different stakeholders around the world; bu could also buttress a better trade relationship, thereby significantly proliferating the commercial prospects of the modern world.[iii] The aspect of better communication does not simply entail the sending and receiving of information. Instead, it incorporates the aspects of a meaningful discussion and exchange of ideas between people around the world. This becomes more significant when we consider the beneficial outcomes that might result out of digital interactions between people belonging to different socio-economic backgrounds. Building on the same, it is pertinent to have a look at the specific stakeholder that is concerned with the research scope of this paper, i.e. the Indian democracy. Freedom of internet in India is not in an appreciable state.
There have been a number of shutdowns imposed by the government, thereby making India the global leader in terms of Internet crackdowns.[iv] This has continued for some time now, and is not a totally new phenomenon.[v]
What is actually concerning is the increasing frequency of such crackdowns, especially in the context of active suppression of dissent and contrary opinions. Justifications such as maintenance of public order and/or national security are often ambiguous, and used in a blanket manner. The legal nuances of the same shall be discussed in the upcoming sections.
As far as the internet is concerned, perhaps the most popular application of the same can be seen in terms of social media. These consist of several platforms (some examples may include WhatsApp, Instagram, Facebook etc.) which facilitate an exchange of ideas and information.[vi] This is crucial for a democracy, which involves a governance for the people, and incorporating their wills and opinions at the same time. The freedom of internet, which is mainly inclusive and evident in social media platforms, shall be preserved in a democracy. In India, this freedom has often been curtailed. Fortunately, the judicial bodies have adopted harmonious interpretations of the freedom involved and upheld the right to expression on the Internet. These shall be discussed in better detail in the next section.
Legal interpretation and significance
In the modern world, access to internet can be considered as an important aspect of a human life. Not only is it necessary to convey information and develop communication in an efficient manner, but it is also a part of the day-to-day activities of the common people, involving education, research, business etc. Therefore, its status as an aspect of modern life is definitely important.
On the international level, the freedom to freely utilize the internet has been very strongly recognized. This fundamentally stems from Article 19 of the Universal Declaration of Human Rights.[vii] The article states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.[viii] The aspect of holding opinions is fruitless unless an individual has the provisions to express the same. The element of “seeking, receiving and imparting” information under the article aptly demonstrates the relevance of freedom of internet, and more specifically, social media platforms. These platforms ensure that the other aspects of human life, such as economic, social, and cultural are effectively enabled. Individuals can actually utilize them to raise their concerns and opinions.
The UN Human Rights Committee, through an issued resolution, recognized that the right to freely access the internet is a fundamental human right.[ix] This observation is significant, since it has the effect of persuading the member countries of the UN, and especially the HRC to respect the freedom of utilizing the internet of their citizens. In the Indian context, there have been some significant judicial pronouncements pertaining to the freedom of internet and utilization of social media.
With the scrapping of Article 370, there was an apprehension on part of the Indian government that certain subversive activities which might be harmful for the national security might be carried out in Jammu and Kashmir. To prevent the same, internet services were suspended indefinitely in a blanket manner in the state. This led to not only great difficulties for the public, but also hindered the day-to-day activities which required the use of the internet. This issue was recognized and rectified by the Supreme Court of India in the case of Anuradha Bhasin v Union of India.[x]The petitioner was unable to publish and circulate her newspaper in the absence of internet services.
This was contended to be contrary to the fundamental rights enshrined under Part III of the Constitution of India, specifically the freedom to “practice any profession or carry on any trade, business or occupation over the internet”. The court observed that although it is permissible to impose restrictions on the fundamental rights under the Constitution, they cannot be imposed arbitrarily.
The court reaffirmed the observation in the case of K.S.Puttaswamy v Union of India[xi] that “Proportionality is an essential facet of the guarantee against arbitrary State action because it ensures that the nature and quality of the encroachment on the right is not disproportionate to the purpose of the law.” The court expounded upon the importance of proportionality in this case, and also acknowledged the importance of internet as a tool of business and commerce in the modern world.
Another important pronouncement on the subject matter of the importance of internet is the case of Faheema Shirin RK vs. State of Kerala and others.[xii]Here, the Kerala High Court indulged into an analysis of the importance of internet in the field of education. The right to education is a fundamental right under the Constitution of India.[xiii] The court observed that the internet is important for the education of students. It assists and encourages them in the acquisition of knowledge. Furthermore, the court also emphasized that the right to access internet is a part of a person’s inherent right to privacy, therefore forming a part of their right to life under Article 21 of the Constitution.[xiv]
On this topic, the judgment of Shreya Singhal v Union of India[xv] is also a relevant one. The court struck down Section 66A of the Information Technology Act, 2000,[xvi] as being violative of the fundamental right to freedom of expression. The section incorporated ambiguous terms such as “annoying, inconvenient or grossly offensive” while determining, ascertaining and criminalizing any content. It was observed by the court that such a blanket provision could not qualify as a justified restriction (or rather reasonable restriction) on an individual’s fundamental right.
In the context of Indian democracy, these pronouncements hold considerable relevance. The political parties in power might often utilize their resources and power to shut down and terminate internet services. While this might be often done under the garb of preventing public disorder, or grounds of threat to national security, it often has an underlying purpose of censorship. The abovementioned judgements have clarified that the right to use the internet and social media form an inherent part of a person’s freedom of expression and his right to privacy. It cannot be curtailed through vague orders or laws, which are not precise or proportionate. However, the unrestricted and fully free use of the internet is often not possible, and neither desirable. There might be some problems associated with the same, which shall be analysed in the next section.
Critical analysis
The advent of internet and social media has impacted democracy (specifically in the Indian context), to a great extent. Before arriving at a conclusion regarding the relevance and significance of the same, it is relevant to delve into the pros and cons of the same. While the positive impacts may seem overwhelming, the negative consequences that may follow as a result of unhindered utilization of internet in the democratic process shall also be taken into consideration.
Some negative consequences that might follow include the proliferation and spread of misinformation, propaganda, religious/ ethnic hatred etc. through the use of social media. In this context, the commonly used social media platforms such as Facebook, Twitter and WhatsApp become especially dangerous. However, before expounding upon its negative aspects and impacts, it is pertinent to have a look at the positive consequences that are associated with a free use of internet and social media.
Perhaps the most important contribution of social media and internet to the development of Indian democracy is the platform it provides to the common public. Freedom of expression is one of the fundamental rights that is acknowledged under the Indian constitution. Through the use of social media, one can convey their ideas, takes and opinions on any policy matter undertaken by the Indian government or any other political issue. A freedom to properly convey one’s own opinion leads to the development of democratic sentiments. It provides a reassurance to the citizens that their voice is properly being heard, and that their opinion matters. One of the most essential tenets of democracy is governance by the people, and an important aspect of such governance is the ability to express one’s opinion. In addition to this, social media also provides an opportunity to the governing authorities to effectively convey the rationale behind their policies and decisions. This improves the aspect of accountability since the government is susceptible to criticism and opinions from the general public, irrespective of the fact that it is online. Discussion between people belonging to different parts of the country has been significantly been made easier through the use of social media. This ensures a pan-India development of opinion on any policy issue, thereby making the opinions more holistic and democratic in nature. Flow of information, especially during a democratic process such as elections, is crucial; both for the leaders and the voters. This is significantly made easier with the help of social media platforms. For instance, the extensive use of social media campaigning by the Aam Aadmi Party (AAP) during the 2012 Delhi elections.[xvii]
Now, this research focuses onto the negative aspects of social media, which impact democracy in a negative manner. Social media platforms provide an opportunity to people to convey their political opinions. However, the problem arises when there arise conflicting opinions. This very often leads to a situation of political polarization, where the individuals prefer to interact with only such content that aligns with their political ideology. Opposing opinions are usually met with hate comments, trolling and cyber-bullying. Such instances undermine the democratic process. Any environment where an individual is subjected to hate based on their political ideologies is not welcome in a democracy. At times, especially in India, several political parties spread political propaganda on the basis of religion, caste, ethnicity etc. Furthermore, there could be instances where foreign political actors misuse social media platforms to influence the voters and form a regime that is plausible to their interests. These could be some negative consequences that need to be taken into consideration while expounding upon the importance of a free internet.
To conclude, it can be safely said that the impact of internet and social media on the Indian democratic process has been significant. Ranging from the expression of political opinions on social media platforms such as Twitter, to the use of social media for digital campaigning by political parties; internet has pervaded the Indian democratic scenario to a huge extent. The only trouble lies in developing such mechanisms which ensure that the platforms are not used in a negative manner to spread hatred or misinformation. Some suggestions pertaining to the same are:
(i) Development and refinement of the existing legal regulations to prevent the spread of disinformation, and hate speech on the internet.
(ii) Drafting of regulations in a clear language and unambiguous terms to prevent the suppression of free speech on the internet under the garb of authoritarian policies/ arbitrary administrative actions.
(iii) Making the social media platforms responsible for the content posted on their sites or apps, so that there is an added sense of responsibility and accountability on their part.
-Avikalp Mishra, 3rd Year, BA LL.B (Hons.), National Law Institute University, Bhopal
[i] Ann Macintosh, Characterizing E-Participation in Policy-Making, Proceedings of the 37th Hawaii International Conference on System Sciences – 2004 (June 4, 2022, 12:19 PM), https://web.archive.org/web/20190819205741/http://unpan1.un.org/intradoc/groups/public/documents/un-dpadm/unpan038449.pdf
[ii] Kahn, Robert and Dennis, Michael Aaron, Internet, Encyclopedia Britannica, (June 5 2022, 5:22 PM), https://www.britannica.com/technology/Internet.
[iii] Shanthi Kalathil, Internet Freedom: A Background Paper, Toward a single global digital economy (October 2010), https://www.aspeninstitute.org/wpcontent/uploads/files/content/images/Internet_Freedom_A_Background_Paper_0.pdf
[iv] “How India became the global leader in internet shutdowns,” The Times of India, January 8, 2020, https://timesofindia.indiatimes.com/india/how-india-became-the-global-l…; “Government data shows internet shutdowns in India could be the worst in the world,” IFEX, July 18, 2018, https://www.ifex.org/india/2018/07/18/internet_shutdown_worst/.
[v] Centre for Communication Governance at National Law University, Delhi, “Incidents of Internet Shutdowns in India (2010 onwards)”, May 29, 2017, https://drive.google.com/file/d/0BycAZd9M5_7NOExCRnQ3Q1pqcm8/view.
[vi] Kietzmann, Jan H.; Kristopher Hermkens (2011). “Social media? Get serious! Understanding the functional building blocks of social media”. Business Horizons (Submitted manuscript). 54 (3): 241–251. doi:10.1016/j.bushor.2011.01.005. S2CID 51682132.; Obar, Jonathan A.; Wildman, Steve (2015). “Social media definition and the governance challenge: An introduction to the special issue”. Telecommunications Policy. 39 (9): 745–750. doi:10.2139/ssrn.2647377. SSRN 2647377.
[vii] UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at: https://www.refworld.org/docid/3ae6b3712c.html [accessed 5 June 2022], Article 19.
[viii] Id.
[ix] UN Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet, A/HRC/32/L.20 https://www.article19.org/data/files/Internet_Statement_Adopted.pdf [accessed 5 June 2022].
[x] Anuradha Bhasin v Union of India, Writ Petitions No.s 1031 and 1164 of 2019.
[xi] K.S.Puttaswamy v Union of India, (2017) 10 SCC 1.
[xii] Faheema Shirin RK vs. State of Kerala and others, WP (C) No. 19716 of 2019 (L).
[xiii] India Const., art 21A.
[xiv] India Const., art 21.
[xv] Shreya Singhal v Union of India, (2013) 12 SCC 73.
[xvi] Information Technology Act, 2000, § 66A.
[xvii] Dipanwita Roy, Social Media -The New Weapon in Indian Democracy, International Journal of Interdisciplinary and Multidisciplinary Studies (IJIMS), 2015, Vol 2, No.7, 49- 54 http://www.ijims.com/uploads/b571750643d337015bb08.pdf