several occasions.124 The content in question generally related to Shivaji, the Marathi warrior-hero, or to political figures, including Bal Thackeray and B. R. Ambedkar. In one such instance, an Orkut community containing supposedly “objectionable and derogatory” comments about Shivaji was blocked; at the time of blocking, the one-month old community had a mere 101 members.125 In recent years, however, section 144 has been used more and more often to shut down the internet altogether, especially in times of social or political controversy or tension. This use of the section, earlier called on predominantly to restrict the right to assembly offline where such assembly could lead to a potentially volatile situation, massively expanded the censorship capacities of the authorities, providing them with a blunt instrument to silence people that they could wield like a sledgehammer. Further adding fuel to the worry is the state government’s ability to extend such orders by an additional six months, without the intervention of a court or other independent body. Such provisions open the door to political misuse. Despite these concerns, in February 2016, the Supreme Court dismissed a plea challenging the power of state governments to shut down internet services using section 144. The plea argued that only section 69A of the IT Act should be used to shut down the internet; section 69A provides only the central government with the powers to block. The Supreme Court dismissed the plea on the ground that internet shutdowns at times are necessary to maintain law and order. A Gujarat High Court order had earlier upheld a ban on mobile internet services imposed by the Gujarat government in August 2015 on the same grounds. The unsuccessful plea in the Supreme Court had sought to challenge that order. Irrespective of the Court’s verdict, network shutdowns in India have drawn international attention. In May 2017, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, and UN Special Rapporteur on the situation of human rights defenders, Michel Forst, called upon India to restore internet and social media networks in Jammu and Kashmir in particular. In April 2017, the state government had blocked 22 social media sites/apps, including Facebook, WhatsApp, YouTube and Skype. ”The internet and telecommunications bans have the character of collective 124 OpenNet Initiative. (2012). India. www.opennet.net/research/ profiles/india 125 Press Trust of India. (2006, 18 November). Orkut forum blocked over Shivaji comments. DNA India. http://www.dnaindia.com/ india/report-orkut-forum-blocked-over-shivaji-comments-1064711 punishment,” stressed Kaye, “and fail to meet the standards required under international human rights law to limit freedom of expression.”126 The ban on social networking sites, which was issued under section 5(2) of the Indian Telegraph Act, 1885, was challenged before the Srinagar High Court for being arbitrary, ineffective and amounting to excessive delegation as it focuses on the medium rather than on the content of messages.127 Section 5(2) reads as follows: On the occurrence of any public emergency, or in the interest of the public safety, the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order: Provided that the press messages intended to be published in India of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section. Though the High Court refused to stay the ban, it noted that such a ban could only ever be temporary and required periodic review.128 The state government lifted the ban after a month; it allegedly had not been very successful, as users used virtual private networks (VPNs) to circumvent the 126 Office of the United Nations High Commissioner for Human Rights. (2017, 11 May). India must restore internet and social media networks in Jammu and Kashmir, say UN rights experts. www.ohchr.org/EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=21604&LangID=E 127 Parray, M. A. (2017, 9 May). Social media ban challenged; HC declines stay. Kashmir Reader. www.kashmirreader. com/2017/05/09/social-media-ban-challenged-hc-declines-stay; Peerzada, A. (2017, 10 May). Plea challenges social media ban in J&K. The Hindu. www.thehindu.com/todays-paper/tp-national/ plea-challenges-social-media-ban-in-jk/article18417526.ece 128 Tantry, I. (2017, 17 May). Social media ban likely to continue in Kashmir. The Tribune. www.tribuneindia.com/news/jammu-kashmir/ social-media-ban-likely-to-continue-in-kashmir/408099.html INDIA / 75