In this modern era of information, many countries recognised internet access as a fundamental right, essential for exercising many other rights such as the right to freedom of expression and the right to access information. Nevertheless, the number of internet blackouts is increasing alarmingly. The internet blackout is frequently used as a pretext for grave human rights violations, state-approved violence against peaceful protests, and extra-judicial killings of political opponents. A nationwide internet blackout in Bangladesh from 18th July 2024 lasted for more than 150 hours and violated both fundamental and international human rights.
Internet blackout is a global problem. In the last 12 months, there have been 125 shutdowns, including 90 in 2024 alone. There are many reasons behind these shutdowns, such as political upheaval, security issues, and attempts to regulate the flow of information. In 2024, the countries that are most frequently imposing internet shutdowns include India, Myanmar and Iran.
In Bangladesh, the government imposed a nationwide internet blackout to curb the quota reform protest on July 18th that lasted over 150 hours. It critically limited communications, access to information, and the ability to share reports of human rights abuses in the protest. Though the former ICT Minister Zunaid Ahmed Palak attributed the outage to security concerns and an arson attack in Mohakhali, international observers like Cloudflare and Telenor debunked this excuse and confirmed that the shutdown occurred by the order of the government. According to Access Now, in Bangladesh, social media and messaging apps have been routinely banned, and internet access has been throttled since 2018, with no explanation from the government or telecom firms. For example, in 2018, countrywide mobile internet slowdowns occurred in reaction to the road safety protest. Multiple instances of internet disruptions during protests and opposition rallies in Bangladesh have also been reported between 2019 and 2023.
“The same rights people have offline must also be protected online,” affirmed by the United Nations Human Rights Council (UNHRC) in 2016. Many countries, such as Estonia and Finland, declared internet access a legal right. Moreover, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) protect the right to freedom of expression, which also includes internet access. The Special Rapporteur of the United Nations Human Rights Council (UNHRC) on the promotion and protection of the right to freedom of opinion and expression has stated that disconnecting people from the internet violates international law and cannot be justified under any circumstances.
In Bangladesh, both the right to access internet and freedom of expression are protected by national and international obligations. Under Article 39(2), the Constitution of Bangladesh guarantees the fundamental rights to freedom of expression and access to information. Bangladesh is also a signatory country to both the UDHR and ICCPR, and bound by the mandates of these conventions to protect freedom of expression through any media. Furthermore, United Nations Human Rights Council Resolution 47/16 also urges national governments to align their domestic laws, policies, and practices with their international human rights obligations regarding freedom of opinion and expression, as well as association and peaceful assembly, online.
Internet blackouts have a significant impact on several human rights enshrined in our Constitution, such as the right to education, the right to health, the right to work, and freedom of assembly and association, but they most directly impair the freedom of speech and access to information, which is the foundation of a democratic society. Periodic internet outages stifle dissent and hinder individuals’ access to information during crucial events like elections or protests, undermining the democratic process. As a result, the government is able to dominate the narrative, silence critics, and stifle information, which eventually erodes public confidence in democratic institutions. When people are prevented from expressing their thoughts, planning protests, and participating in political discourse, internet shutdowns restrict the freedom of expression. Citizens may become discouraged from engaging in public life out of fear of retaliation or being cut off from communication as a result of this chilling effect. This eventually makes civil society less vibrant and undermines the culture of free speech. Internet blackouts in Bangladesh disrupt the digital economy and deprive freelancers, startups, and e-commerce enterprises of revenue, which constitutes a violation of fundamental human rights, particularly the right to employment and livelihood as guaranteed by the Article 20 of the Constitution and Article 23 of the UDHR. Furthermore, these blackouts violate the right to information access (Article 19, UDHR), hindering economic growth and innovation and cutting off the nation from international markets and growth prospects.
The UNHRC stated that any limitation on the right to free speech is a grave infringement on human rights. Internet shutdowns make it difficult to exercise one’s rights to the economy, society, and culture. Furthermore, disrupting the availability of mobile applications and the internet, whether through bandwidth throttling or full or partial shutdowns, is expensive, detrimental to businesses and communities, and a violation of the fundamental rights to freedom of expression and access to information guaranteed by Article 39(2) of the Constitution of Bangladesh. By imposing this blackout, the Bangladesh government has effectively violated these rights for its entire population, contravening its obligations under international human rights law and constitutional law.
The international community, civic society, and tech authorities must take proactive measures to address and stop future internet shutdowns. The UN should investigate the effects of shutdowns on human rights and hold the countries responsible for unlawful internet shutdowns. International investors and development partners should need the freedom of internet access and digital rights as precondition for partnerships and aids. Telecom providers should openly disclose any unlawful request of shutdown by the government. Civil society organizations should collect data of unlawful shutdowns and hold the government accountable.
About the Author;
Md. Khairul Islam is a human rights activist and a law student at the University of Chittagong. He is currently interning at Transparency International Bangladesh (TIB) and the Bangladesh Institute of Labour Studies (BILS). He co-founded Legal Empowerment Bangladesh, where he served as the Founding Executive Director. He is also actively involved with The Network for International Law Students (NILS) Chittagong University Chapter, the Consumers Association of Bangladesh (CAB), and many other organizations. His research interests focus on labor rights, consumer rights, access to justice, environmental justice, and combating child labor and exploitation.