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Landmark Ruling of Calcutta Court against Internet Shutdown
The internet shutdown had been imposed under a suspension order, which only stated that it was issued on the basis of intelligence reports suggesting that the internet may be used for ‘unlawful activities’. During the legal proceedings, the Advocate General representing the West Bengal government, admitted that the internet shutdown was ordered to prevent cheating in secondary school examinations being conducted in the State.
The Internet Freedom Foundation swiftly drafted and filed a petition before the Calcutta High Court, challenging the legality of the shutdown and emphasizing the internet’s role as a fundamental tool in exercising freedom of speech and access to information in the digital age.
The Calcutta Court found that the suspension order lacked legal authority and valid reasons and overlooked less restrictive alternatives.
This was an important case, not only because it was the first (and so far only) instance of a Court in India lifting an ongoing internet suspension on legal grounds, but also because it is an effective example of rapid response litigation bringing about positive impact. […] The outcome of this case is an important precedent that will enable the development of Indian jurisprudence around internet shutdowns.
Since 2021, UNESCO and the Indian IFF have collaborated to enhance media freedom and support journalist’s access to legal assistance through the Global Media Defence Fund. Established within the framework of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, the Fund aims to strengthen legal assistance and safety measures for journalists.
This project complements UNESCO Judges’ Initiative, which provides comprehensive and practical training to judicial actors on freedom of expression and the international standards. Over the past decade, 36.000 participants from over 160 countries engaged with this initiative, contributing to the advancement of global legal support for freedom of expression.
