Right to access internet is not a fundamental right and the state can curtail the freedom of speech and the right to trade through internet, the Jammu and Kashmir administration has told the Supreme Court while opposing restoration of 4G services in the union territory.
The administration told the apex court that a veryreasonable quantum of restrictions have been imposed by reducing the speed ofinternet to protect the sovereignty, integrity and security of the country.
“It is submitted that the right to access internet isnot a fundamental right and thus the type and breadth of access for exercisingthe right to freedom of speech and expression under Article 19(1)(a) and/or tocarry on any trade or business under Article 19(1)(g) of the Constitution ofIndia through the medium of internet can be curtailed,” an affidavit filedby the Jammu and Kashmir administration said.
The submissions were made in response to a plea filed byFoundation for Media Professionals seeking restoration of 4G internet servicesin the union territory in view of the prevailing COVID-19 pandemic.
The administration told the apex court that contentionsraised by the petitioners in respect of an alleged deprivation of access toeducation, healthcare facilities and to justice itself with 2G internet speedare incorrect and it is taking all possible steps to ensure that minimum impactof COVID-19 situation is felt.
The increase in internet speed is verily apprehended to leadto swift uploading and posting of provocative videos and other heavy datafiles, the affidavit said.”High speed internet services (4G) decreasethe time of circulation of various photographs, videos, propaganda audios, andhence enable the associated content to go viral, with the reaction time of lawenforcement agencies to such situations decreasing.