Switching off internet access under the Indian Telecom Bill

If the recently created Draft Indian Telecommunication Bill 2022 is approved, the issue with internet shutdowns will worsen. Clause 24 of the Bill gives the administration the authority to order an internet shutdown, principally through the prism of the doctrine of excessive delegation.

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India has been listed as the world’s leader in internet outages for many years. If the recently created Draft Indian Telecommunication Bill 2022 is approved, the issue with switching off internet access will only worsen. Clause 24 of the Bill gives the administration the authority to order an internet shutdown, principally through the prism of the doctrine of excessive delegation.

There is no set procedure for when shutdowns can be imposed, even though they are implemented to address some ‘harm’ that the internet facilitates. Furthermore, these regulations do not distinguish between purportedly detrimental and lawful internet usage. These shutdown directives come directly from the president and not the legislature.