High Court of Gujarat, Vyas v. Gujarat, No. 191/2015, September 15, 2015

Document type
Court Decision
Country
(1) In response to public protests and agitations, the State of Gujarat, India blocked Internet access through mobile phones for a week pursuant to Section 144 of the Code of Criminal Procedure.
(2) Petitioner Gaurav Sureshbhai  Vyas brought the present public interest litigation before the High Court of Gujarat, seeking to declare that the state lacked authority to block Internet access under Section 144 and argued that such blockage violates Articles 14, 19, and 21 of the Constitution.
(3) The High Court of Gujarat held that the temporary ban on Internet through mobile phone services was permissible though the invocation of Section 144 as the state government had sufficient justification to prevent public disturbance and maintain public order. The Court further noted that a ban on Internet access may not be considered a per se violation of the right to freedom of expression if such restriction is "minimal." According to the Court, Gujarat's ban was a minimal restriction as access to Internet through broadband and Wi-Fi services was still permitted. See also Columbia GFE
Country
Year
2015
Topic, claim, or defense
Freedom of Expression
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Other
Block or Remove
Type of law
Constitutional
Criminal