Following the order, the
Government of India began to impose
restriction which ultimately included the shutting down of mobile phone
networks, internet services and landline connectivity, as well as
imposing restrictions on movement and public assembly. The shutting
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down of the internet and movement restrictions limited the ability of
journalists to travel and publish. Journalist thus challenged the
restrictions as violations of Article 19 of the Constitution of India. It was
in that context that the Supreme Court reviewed three of the petitions
challenging the legality of the shutdown of the internet and travel
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restrictions.
Five questions were framed by Supreme Court of India for its
determination but only two are relevant to this matter for purposes of
establishing some principles from another jurisdiction in comparison to
what has been established by the Constitutional and Supreme Courts
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in Uganda, but within the context of the use of “other media” referred to
in Article 29 (1) of the Constitution of Uganda. The two questions were
as follows:
i.
Whether freedom of speech and expression and freedom to
practice any profession, or carry on any occupation, trade or
business over the Internet is part of the fundamental rights
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protected by Article 19(1) (a) and (g) of the Constitution of India.
ii.
Whether the Government’s action of prohibiting internet access
was valid.
Article 19 (1) (a) of the Constitution of India provides for the right to
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freedom of speech and expression but restrictions may be imposed
under Article 19 (2) thereof. The right to practice any trade or
professions is guaranteed by Article 19 1(g) but also subject to the
restrictions that may be imposed under paragraph 2 of Article 19.
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