With respect to the communications and internet shutdown,
the learned Solicitor General submitted that internet was
never restricted in the Jammu and Ladakh regions. Further,
he submitted that social media, which allowed people to
send messages and communicate with a number of people
at the same time, could be used as a means to incite
violence. The purpose of the limited and restricted use of
internet is to ensure that the situation on the ground would
not be aggravated by targeted messages from outside the
country. Further, the internet allows for the transmission of
false news or fake images, which are then used to spread
violence. The dark web allows individuals to purchase
weapons and illegal substances easily.
The learned Solicitor General submitted that the
jurisprudence on free speech relating to newspapers cannot
be applied to the internet, as both the media are different.
While newspapers only allowed one-way communication,
the internet makes two-way communication by which
spreading of messages are very easy. The different context
should be kept in mind by the Court while dealing with the
restrictions with respect to the two media.
While referring to various photographs, tweets and
messages of political leaders of Kashmir, he stated that
these statements are highly misleading, abrasive and
detrimental to the integrity and sovereignty of India.
Further, it is not possible to ban only certain websites/parts
of the Internet while allowing access to other parts. Such a
measure was earlier attempted in 2017, but it was not
successful.
Lastly, the learned Solicitor General submitted that the
orders passed under the Suspension Rules were passed in
compliance with the procedure in the Suspension Rules,
and are being reviewed strictly in terms of the same.
9.
Some of the intervenors have supported the submissions made
by the learned Attorney General and the Solicitor General, and
indicated that the restrictions were necessary and in compliance
with the law. They have also submitted that normalcy is
18
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