ACCESS to the internet has become indispensable in modern life, intertwining with rights like freedom of expression. However, government-enforced internet shutdowns, often justified under national security, disrupt daily life and infringe on fundamental human rights. Bangladesh鈥檚 July uprising exposed the devastating impact of these blackouts, highlighting the urgent need to recognise internet access as a fundamental right.
According to a report by the UN Human Rights Office, government-enforced internet shutdowns significantly disrupt the daily lives of millions and erode various human rights, especially the fundamental right to freedom of expression. The July鈥揂ugust student-led protest that later turned into a mass uprising, highlights how government-imposed internet blackouts resulted in widespread violations of fundamental and human rights. Throughout the movement, the previous regime repeatedly disrupted internet access, affecting the daily lives of millions. These actions infringed upon constitutional rights guaranteed under Bangladesh鈥檚 Constitution and international human rights. On July 18, Bangladeshi authorities enforced a nationwide internet shutdown lasting over 150 hours, severely restricting communication, access to information, and the reporting of human rights violations. While the previous regime cited security concerns and an arson attack in Mohakhali as reasons for the outage, international organisations such as Cloudflare and Telenor refuted these claims, confirming that the shutdown was ordered by the government.
In 2016, the United Nations Human Rights Council asserted that 鈥榯he same rights people have offline must also be protected online.鈥� Additionally, several countries have incorporated internet access as a fundamental right within their legal systems. Estonia was the first to declare internet access a human right in 2000, and Finland followed in 2010 by recognising broadband internet access as a legal right. International instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights also uphold the right to freedom of expression, which extends to internet access. The UNHRC special rapporteur on the right to freedom of opinion and expression has declared that cutting off individuals鈥� internet access breaches international law and is unjustifiable under any circumstances.
In Bangladesh, the legal framework governing internet access and freedom of expression is shaped by both domestic and international obligations. The Constitution of Bangladesh, under Article 39(2), enshrines the fundamental rights to freedom of expression and access to information. Furthermore, as a signatory to the International Covenant on Civil and Political Rights, Bangladesh is committed to upholding the protection of freedom of expression, including the right to communicate through any media of choice, as outlined in Article 19 of the covenant. Internet blackouts severely affect various human rights, including education, health, work, and assembly, but primarily undermine freedom of speech and access to information, which are crucial for democracy and individual development. As the cornerstone of other rights protected by international agreements, any restriction on free speech is deemed a serious human rights violation by the UN Human Rights Council. The Bangladesh government, by enforcing this blackout, has breached these rights for its entire population, violating its commitments under both international human rights law and constitutional provisions. To prevent future internet shutdowns, proactive steps are needed from the international community, civil society, and technology companies. The UN should examine such shutdowns and their impact on human rights, ensuring governments are held accountable for unwarranted closures.
Internet shutdowns represent a direct assault on human rights, disrupting every aspect of life, including work, education, healthcare, and banking. They hinder journalism, suppress free expression and community organisation, and obstruct the documentation of human rights violations. In times of conflict and crisis, shutdowns deny access to critical information and humanitarian assistance. Internet blackouts are employed globally as a tool to silence dissent. Access Now reported 15 internet shutdowns in 2015 across countries like Brazil, India, and Turkey. By 2016, this number grew to 56, including nations such as Algeria, Ethiopia, and Pakistan. Additionally, authoritarian governments manipulate online narratives through propaganda, restrict internet access by increasing costs, and target online activists with harassment, intimidation, or arrests. Similar to the global examples, the previous tyrant regime justified the blackout on grounds of national security, yet credible evidence suggested otherwise, exposing its use as a tool to control narratives and stifle opposition. This underscores the urgent need for Bangladesh to address internet governance and human rights protection, especially in times of conflict and crisis. The July uprising serves as a reminder of the detrimental consequences of internet shutdowns and highlights the importance of safeguarding access to the internet as a fundamental right to ensure transparency, accountability, and the protection of democratic principles.
In light of the profound impact of internet shutdowns on fundamental rights and democratic principles, it is imperative for Bangladesh to recognise access to the internet as a fundamental right within its Constitution. By doing so, the nation can align itself with global standards, as demonstrated by countries like Estonia and Finland, which have enshrined internet access as a legal right. Furthermore, policymakers should prioritise the enactment of a dedicated law addressing internet governance, accompanied by comprehensive guidelines to ensure responsible and equitable internet use. Such measures would not only safeguard freedom of expression and access to information but also protect other essential rights, such as education, healthcare, and participation in democratic processes.
As Bangladesh progresses, ensuring uninterrupted internet access and preventing arbitrary shutdowns must be central to upholding the country鈥檚 constitutional and international human rights commitments. This is the right time for decisive action to secure the internet as a tool for empowerment and development, ensuring it remains a cornerstone of democratic and human rights practices in Bangladesh.
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Md Ala Uddin is an assistant professor of law at Primeasia University.