Access denied: gli Internet shutdowns alla prova del diritto. Spunti di riflessione a partire dalla giurisprudenza della Supreme Court indiana

Access Denied: The Test of Law for Internet Shutdown. Food for Thought Starting from the Indian Supreme Court Case-Law

Abstract

Abstract: Access Denied: The Test of Law for Internet Shutdown. Food for Thought Starting from the Indian Supreme Court Case-Law – Internet shutdowns are escalating worldwide. These instruments, increasingly employed by public authorities to – at least formally – guarantee public order and national security, severely affect fundamental rights, in particular freedom of expression and assembly. The paper provides an overview of Internet shutdowns and their effects, focusing on the public and legal debate concerning this vast and indiscriminate censoring practice. The analysis of the relevant Indian Supreme Court case-law will lead to conclusive remarks on the need to ensure a careful proportionality test on Internet shutdown’s legitimacy, in order to avoid the rise of digital authoritarian instruments able to jeopardize democratic values.

Keywords: Internet Shutdown; Freedom of Speech; Indian Supreme Court; Internet Governance; Online Censorship.