How to prevent future disruptions

From July 14 to August 5, 2024, Bangladesh witnessed an unprecedented internet shutdown, disconnecting the entire country from the rest of the world for over five days. This period of total blackout, compounded by partial disruptions and social media blocks, resulted in significant financial losses and tarnished the nation's image on the global stage. The government attributed the shutdown to a fire incident at a data center in Dhaka's Mohakhali and deliberate damage to telecommunication infrastructure by miscreants. However, investigation by new authority found that the shut downs were for political interests.

The cost of the shutdown

Estimating the financial impact of such internet disruptions is challenging, yet several calculations indicate the staggering scale of the losses. According to Mohiuddin Ahmed, president of the Bangladesh Mobile Phone Consumer Association, the total loss from the July-August shutdown amounted to Tk 100 billion. Businesses in the digital economy, such as e-commerce, online services, and freelance workers, were the hardest hit. The Foreign Investors Chamber of Commerce & Industries (FICCI) reported that Bangladesh's economy lost over $10 billion during this period. The e-Commerce Association of Bangladesh (e-CAB) further estimated that the sector incurred a loss of around Tk 17 billion during the 13-day shutdown of internet services and Facebook.

Bangladesh has a burgeoning tech sector with 4,500 companies that employ more than 750,000 people, generating around $1.4 billion annually from exports to 80 countries, as per a 2017 Oxford Internet Institute study. The shutdown, therefore, not only impacted the economy but also posed long-term challenges for the country's digital future.

A recurring issue

This was not the first instance of an internet shutdown in Bangladesh. Since 2012, the country has experienced at least 17 shutdowns under various circumstances, including communal riots, civic protests, and elections. A study conducted in 2022 by Digitally Right and Voices for Interactive Choices and Empowerment (VOICE) found that 88 percent of respondents had experienced an internet shutdown in the past three years, with half of them having faced such disruptions within a year. In response to shutdowns, a majority of users resorted to VPN services, while others reverted to traditional mobile SMS and telephony.

Political motivations have often driven these shutdowns. The government has regularly blocked websites, including investigative platforms like Netra News, on the grounds of political differences. In response to a communication from UN special rapporteurs, the Bangladesh Telecommunication Regulatory Commission (BTRC) admitted that the internet shutdown during the July-August period was carried out under pressure from the then ruling party, the Awami League, to serve political interests.

Ahmed Swapan Mahmud said BTRC can shutdown using telecom policy and act.

However, "There should be specific provisions which clarify why shutdown is necessary," he said.

Legal justifications and the debate on human rights

The BTRC cited Section 97 of the Bangladesh Telecommunications Act, which grants the government preferential access to communication networks during times of war, internal rebellion, or other national emergencies. The law also allows for the suspension of telecom services if deemed necessary for state security or public order. However, this vague legal framework has been criticized for being prone to misuse. Many shutdowns, including the recent one, were initiated on verbal orders from government officials, raising questions about accountability and transparency.

Globally, internet shutdowns are increasingly being used as a tool to curb political opposition and stifle dissent, violating basic human rights such as freedom of expression and access to information. While internet censorship is sometimes justified in the greater interest of society, complete shutdowns are neither expected nor warranted.

Preventing future shutdowns

Experts believe that legal reforms are essential to prevent future internet shutdowns of the scale witnessed in July-August 2024. While it may be necessary at times to restrict internet access in specific situations, blanket shutdowns should be avoided. Several key recommendations have been put forward to strike a balance between security concerns and citizens' rights:

Md. Saimum Reza Talukder, a senior lecturer at Brac University, said there should be clear legal provisions outlining the conditions under which an internet shutdown can be enforced.

"The law must specify the reasons for a shutdown, ensuring that such actions are not arbitrary or politically motivated," he said.

He said shutdowns should require approval from a judicial authority.

"The BTRC should be required to present a case before the judiciary, convincing them of the need for a temporary suspension of internet services," he said adding that this would ensure checks and balances in the system.

He said any shutdown that does take place should be specific to a location, such as a building or a small geographic area, rather than an entire country. Furthermore, shutdowns should be time-limited, avoiding indefinite suspensions of internet access. He also said the government must clearly communicate the reasons for any internet shutdown.

He stresses that internet access should be considered a basic human right in Bangladesh, in line with the Sustainable Development Goals (SDG 9), which aim to provide universal and affordable access to the internet in least developed countries by 2020.

The internet is now an essential part of modern life, facilitating business, communication, and freedom of expression. Total shutdowns, like the one experienced in Bangladesh, are a violation of human rights and should not be normalized. With the right legal frameworks in place, future disruptions can be minimized, ensuring that the internet remains a tool for empowerment and development rather than one of control and suppression.