๐๐ง๐ญ๐ซ๐จ๐๐ฎ๐๐ญ๐ข๐จ๐ง
In this modern age of information, internet access is a recognized fundamental right in many countries, essential for exercising the right to freedom of expression, the right to access information, and political engagement, yet the practice of internet blackouts is increasing at an alarming rate, which poses a significant threat to human rights and has become a global concern. Internet blackout is used frequently as a cover for serious human rights violations, illegal takeovers of power, state-approved violence against peaceful protests, and extrajudicial executions of political dissidents. In Bangladesh, a nationwide internet blackout lasted for more than 150 hours from July 18th, 2024 which violates both fundamental and international human rights.
๐๐ง๐ญ๐๐ซ๐ง๐๐ญ ๐๐ฅ๐๐๐ค๐จ๐ฎ๐ญ๐ฌ ๐ข๐ง ๐ญ๐ก๐ ๐๐ฅ๐จ๐๐ ๐๐ง๐ ๐๐๐ง๐ ๐ฅ๐๐๐๐ฌ๐ก
Internet blackouts are a growing global issue, with numerous shutdowns recorded each year. In 2024 alone, there have been 77 shutdowns, with a total of 127 in the past 12 months. These shutdowns occur for various reasons, including political unrest, security concerns, and attempts to control the flow of information. In 2024, the countries most frequently imposing internet shutdowns include India, Myanmar, and Iran. India, which has consistently topped the list for several years, frequently uses internet shutdowns in regions like Kashmir to manage unrest and maintain public order. In Myanmar, the military junta has used internet shutdowns as a tool to curb protests and control the flow of information following the coup in February 2021. Iran has also implemented significant internet blackouts during periods of political turmoil, such as the nationwide protests in response to economic grievances.
On July 18, the Bangladeshi authorities imposed a nationwide internet shutdown lasting over 150 hours, critically limiting communications, access to information, and the ability to share reports of human rights abuses. Though 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 repeatedly disabled and internet access has been throttled since 2018, all without any justification from the government or telecom companies. For example, nationwide slowdowns of mobile internet occurred in 2018 in response to a road safety protest. Multiple instances of internet disruptions during protests and opposition rallies in Bangladesh have also been reported between 2019 and 2023.
๐๐๐ ๐๐ฅ ๐๐ซ๐จ๐ญ๐๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐๐ง๐ญ๐๐ซ๐ง๐๐ญ ๐๐๐๐๐ฌ๐ฌ ๐ข๐ง ๐ญ๐ก๐ ๐๐ฅ๐จ๐๐ ๐๐ง๐ ๐๐๐ง๐ ๐ฅ๐๐๐๐ฌ๐ก
“The same rights people have offline must also be protected online” affirmed by the United Nations Human Rights Council in 2016. Also, many countries have enshrined internet access as a fundamental right in their legal frameworks. Estonia first declared internet access as a human right in 2000, and Finland became the first country to recognize broadband internet access as a legal right in 2010. Many international conventions such as 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, the legal framework concerning internet access and freedom of expression is intertwined with both national and international obligations. The Constitution of Bangladesh guarantees the fundamental rights to freedom of expression and access to information under Article 39(2). Additionally, Bangladesh is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which mandates the protection of freedom of expression through any media of their choosing, as stipulated in Article 19. Furthermore, the ICCPR ensures the rights to assembly, association, and participation in public affairs and elections under Articles 21, 22, and 25. 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.
๐๐ฎ๐ฆ๐๐ง ๐๐ข๐ ๐ก๐ญ๐ฌ ๐๐ข๐จ๐ฅ๐๐ญ๐ข๐จ๐ง ๐๐ฎ๐ ๐ญ๐จ ๐๐ง๐ญ๐๐ซ๐ง๐๐ญ ๐๐ฅ๐๐๐ค๐จ๐ฎ๐ญ ๐ข๐ง ๐๐๐ง๐ ๐ฅ๐๐๐๐ฌ๐ก
Internet blackouts have a significant impact on several human rights 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 and essential to an individual’s complete development. It serves as a benchmark for all other rights protected by international human rights agreements and the International Covenant on Civil and Political Rights. The United Nations Human Rights Council stated that any limitation on the right to free speech is a grave infringement on human rights. Moreover, internet shutdowns also make it more difficult to exercise one’s rights to the economy, society, and culture. Any restrictions on the exercise of those rights are only permissible insofar as they are consistent with the nature of those rights and are used exclusively to further the general welfare in a democratic society, according to Article 4 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR). 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.
๐๐๐ฅ๐ฅ ๐๐จ๐ซ ๐๐๐๐จ๐ฎ๐ง๐ญ๐๐๐ข๐ฅ๐ข๐ญ๐ฒ ๐๐ง๐ ๐๐๐ญ๐ข๐จ๐ง
To address and prevent future internet shutdowns, the international community, civil society, and tech companies must take proactive measures. The United Nations should investigate the closure and its effects on human rights, holding governments accountable for unjustified shutdowns. International and development partners should demand adherence to internet freedom and digital rights as a condition for cooperation and aid. Tech companies and telecom providers operating in Bangladesh should publicly disclose any requests from the government to cease operations and advocate for transparency. Civil society organizations should compile data on the impact of shutdowns on public services, the economy, and human rights to build a case for accountability and raise awareness.
๐๐จ๐ง๐๐ฅ๐ฎ๐ฌ๐ข๐จ๐ง
Internet blackouts in Bangladesh violate both fundamental and international human rights. Such acts impede not just the right to free speech and information access, but also participation in the political, social, and economic spheres. The disproportionate and indiscriminate nature of these shutdowns frequently indicates a misuse of power, intended to stifle dissent and hide violations of human rights, even though governments may justify them with references to security concerns.
โ๏ธ Written By: Md. Khairul Islam
Core Member, Youth Policy Forum (YPF)
Featured Picture Courtesy: Access Now
- UNHRC. (2022). Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights. UN.ย https://www.ohchr.org/…/ahrc5055-internet-shutdowns…
- #KeepItOn: Bangladesh’s government must restore internet access, ensure connectivity during student protests. (2024, July 25). Access Now.ย https://www.accessnow.org/…/keepiton-restore-internet…/
- OAS :: Special Rapporteurship for freedom of expression. (2009, August 1). OAS – Organization of American States: Democracy for peace, security, and development.ย https://www.oas.org/en/iachr/expression/showarticle.asp…
- The prolonged internet shutdown sets a dangerous precedent. (2024, July 30). The Daily Star.ย https://www.thedailystar.net/…/the-prolonged-internet…
- Yu, A. (2024, July 28). Situation in Bangladesh. Telenor Asia.ย https://www.telenorasia.com/anno…/situation-in-bangladesh/
- The Constituiton of Bangladeshย https://bdlaws.minlaw.gov.bd/act-367/section-24587.html
- Unrest in Bangladesh as student road safety protests turn violent. (2018, August 5). The Guardian.ย https://www.theguardian.com/…/bangladesh-pm-urges-teen…