ACCESS TO THE INTERNET AS A FUNDAMENTAL RIGHT

A darkness called COVID-19 has engulfed the world. The second wave of the pandemic destroyed lives, and families mercilessly in India. Shortage of medical infrastructure deprived people of treatment and hospital care. But every calamity also brings a solution. The power of the internet was realized when it became a tool for sharing leads on beds and doctors. This helped serve countless lives which had little hope of survival. The Internet truly needs to be a fundamental right.

The world of the internet has revolutionized the world. It has ensured global connectivity bringing the world to our doorsteps. Its benefits have made it impossible to imagine our lives without it.

The Internet is a storehouse of information and hence many people depend on it for education. It is free and connects us to brilliant scholars, entrepreneurs, and books across the world. Google’s research engine may be the only teacher for many. Also, it offers the possibility to conduct live online classes which proved to be a boon during the pandemic.

Not only education but people’s professions are intertwined with the internet. The ability to digitize cumbersome files and share them across multiple offices through email has led to sufficient organizations. Even the government has shifted to the internet. Be it MSME registrations under the Udyams portal or getting single window environment clearances on Parivesh Portal, Internet has proved people’s accessibility to governance as well as their own governance processes or ease of doing business.

The health sector’s inefficiencies came out in the open during the pandemic. Telemedicine and e-medicine can prove to be a boon for India which has less than 23 medical personnel per 1000 states in around 14 states as per the Economic Survey. The ease of consultation at home, offered by e-sanjeevani is truly beneficial. Also, with progress in AI, intelligent but artificial doctors like IBM Watson, have revolutionized access to healthcare.

While the internet as a tool for welfare is certainly welcome, its role as giving voice to people can not be ignored. It is a crucial instrument to achieve Article 19(1)(a) i.e. the right of freedom of speech and expression. People become aware of their government’s policy, offer criticism and ensure ace accountability of their governments. Platforms like PRAGATI, CPGRAMS, and MYGOVE give them these opportunities.

Worldwide, the internet has exposed the wrongs committed by the powerful. Julian Assange’s WikiLeaks exposed the targeting of civilians and journalists by the US Army during the Iraq war. Had the internet not existed, nobody would know about Saudi Arabia's torture of Loujain- AL-Hathlone, a woman advocating for easing restrictions on women in the country. In that sense, it has also made people aware of their rights and why they are important.

Internet while giving people their due powers has also helped save their lives. Social Media, hosted on the internet, becomes the first witness to a disaster, aiding in the quick deployment of personnel like NORF. also, it is a tool to spread awareness of an impending disaster. It gives us access to NSA, Isro’s warnings, and predictions on their websites, alerting people to take to safety.

While its benefits for social welfare help improve people’s lives, it also helps improve people’s moods by being a source of entertainment. YouTube videos, OTT, And memes on social media help people de-stress themselves. Also, Indian artists find a global stage through video streaming of their music, and dance, or even through their products on e-commerce.

So there is a broad consensus that the internet has changed our lives. Be it through e-commerce, food or home delivery of goods, or access to information, it has certainly made us comfortable. This certainly makes a case for accepting it as a fundamental right. But unfortunately, many obstacles abound on this path.

The Internet is not accessible to all. The NSO 75th round 2017-18 says that only 15% of rural areas and 42% of urban areas have internet connectivity. Many people are being denied the wonderful benefits it brings.

Even if connectivity exists, the internet revolution has relatively been new. This leads to low digital literacy among people. The NSO has found that only 40% of those between 15-29 years have digital literacy. The situation is moving for the rest. All e-governance processes are rendered useful if people do not know how to use them. The lack of availability of content in local languages exacerbates this issue.

While the structural issues can be fixed, the role of the state as a hindrance in ensuring accessibility has come under the scanner. US Religion Freedom Monitor Report 2021 noted that Kashmir witnessed an 18-month shutdown of the internet, the longest in a democracy. Depriving people by force creates inequity between people. But the state intervenes because the internet has become a tool for misuse. It's use to fuel terrorism, and separatism is well known and hence ensuring access to everyone can be detrimental. The Global Threat Assessment Report 2021, witnessed an increase in the circulation of pornographies content during the lockdown. This especially harms women and children. Also, its free nature promotes the spread of pirated content.

The Internet is also a massive hub of fake news, and misinformation which leads to fateful situations sometimes. The lynching of Sadhus in Palghat happened on WhatsApp forwards of fake news of child stealing. Also, free speech is misutilised for trolling, and polarizing people. What could be worse than an imbecile sending rape threats to the daughter of Virat Kohli barely an infant.

Another risk that exists is cyberattacks. The SolarWinds Hack brought the US government to its feet for a few hours. Closer to home, CERT-IN reported 26,000 cyberattacks in the past year. This truly endangers our critical systems like nuclear plants and electricity grids. Moreover, the invasion of people’s privacy by hackers, and the use of deep fakes to misrepresent them, make the internet scary.

However, the problem is not with the internet itself, it is more important to regulate its, access. It is time we move away from the Californian Libertarian model. A law to regulate the internet exists i.e. Information Technology Act 2000 but needs to be strengthened further.

Also, internet service providers, social media companies need to ensure user verification before registration. Establishing an independent regulator with social media representatives would be a good solution.

Strengthening our cyber infrastructure is imperative. Hiring more cyber security experts, strengthening CERT-IN, and NCIIPC, training policeman, and creating a separate cyber cell in the police department is necessary. Cyberdome of Kerala is a good initiative in this regard. This will truly help curb the menace of the darknet. Also, operations with international cooperation like HAECHI-2 with Interpol would help in the exchange of best practices.

Moreover, increasing people’s access to the internet through fiber optic penetration, satellite internet, and gigabit in inaccessible places would be necessary. Setting up digital literacy training centers, and increasing access to common service centers, and content in local languages will ensure its availability.

Supreme court in Anuradha Bhasin vs Union of India (2020) has already recognized the internet as a fundamental right under Article 19(1)(g) i.e. freedom to practice one’s own profession. But definitely, its uses extend beyond and should be accessible as a right to everyone, with proper safeguards in place.

The Internet can truly be the vehicle for change, peace, and cooperation if used well.