Sydney Criminal Lawyers: Can the Australian Government Shut Down the Internet?

Internet shutdowns are typically associated with controlling information flow in certain areas, and are a global concern, not just limited to third-world countries.

Misuse of internet kill switches is not new; it has been happening for decades. China, the UK, and Russia have all enacted laws or taken actions to shut down the internet during times of unrest or perceived threats, often raising concerns about censorship and abuse of power. Internet shutdowns have become more frequent in recent years, with recent examples like the five-day shutdown in Dhaka, Bangladesh, due to political turmoil. The increasing prevalence of these shutdowns worldwide is alarming.

Internet shutdowns are on the rise, with 2023 seeing 283 shutdowns globally, 167 excluding India. Most occurred in the Middle East, India, Myanmar, Iran, and Palestine, primarily due to conflicts, protests, and political reasons. In Africa, 60% were linked to protests, while 76.6% in the Asia Pacific coincided with public violence. Eastern Europe saw 13 shutdowns, mainly due to Russian military actions.

In 2024, 22 shutdowns have already occurred across 12 countries, including India, Ethiopia, and Cuba. Economic impacts are significant, with Russia losing nearly $400 million due to shutdowns this year.

The issue of internet control is not confined to Central Asia, Africa, and the Middle East. Western countries, like the UK and the US, have also considered similar measures. In Australia, the government has the authority to implement a nationwide internet shutdown. 

Under Section 581 of the Telecommunications Act 1997, the eSafety Commissioner can issue written directions to internet providers, compelling compliance. Additionally, the Australian Security Intelligence Organisation Act 1979 allows the Attorney General, with the Prime Minister’s and Communications Minister’s consent, to direct a service provider to cease operations if deemed a security threat. 

Amendments in 2003 during the War on Terror granted the Attorney General the power to shut down the internet either generally or for specific individuals. This amendment process was expedited, with minimal opportunity for public input having only two submissions from Vodafone and the other from the NSW Council for Civil Liberties. More recent amendments aim to enhance ASIO’s security functions but only allow do not allow internet shutdowns for the entire country. 

The concern is that these laws, with limited checks and balances compared to the UK, could potentially lead to widespread internet shutdowns, giving the Australian government significant power to control internet access.

 

Since the 2003 Amendment, Australia has seen several instances raising censorship concerns:

  • 2008: Introduction of mandatory filtering for websites deemed ‘refused classification.’
  • 2015: Court orders required the blocking of websites for copyright infringement.
  • 2019: Legislation mandated the removal of material depicting ‘abhorrent violent conduct’ by hosting services.

 

Read the full article.