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In Anuradha Bhasin v. Union of India (2020), the Supreme Court applied the proportionality test to internet shutdowns, requiring that restrictions on digital free speech be published, time-bound, subject to judicial review, and necessary for legitimate aims like national security.
- True
- False
Answer: True
Anuradha Bhasin (2020) internet shutdowns and proportionality: (a) Context: Challenge to internet shutdowns in Jammu & Kashmir following Article 370 abrogation; issue of balancing digital free speech with national security, (b) Supreme Court holding: (i) Freedom of speech (Article 19(1)(a)) and profession (Article 19(1)(g)) extend to internet medium, (ii) Internet shutdown orders must be published for transparency and judicial review, (iii) Restrictions must satisfy proportionality test: legitimate aim, rational connection, least restrictive alternative, balancing of interests, (c) Proportionality application: (i) Legitimate aim: National security, public order, prevention of crime, (ii) Rational connection: Shutdowns may prevent misuse but must be evidence-based, not speculative, (iii) Necessity: Less restrictive alternatives preferred (targeted restrictions, content blocking vs. blanket shutdown), (iv) Balancing: Benefits of restriction vs. harm to free speech, economic activity, access to information, (d) Applications: (i) J&K internet shutdown case: Court directed publication of orders, periodic review, time-bound restrictions, (ii) DPDP Act, 2023: Data protection framework balancing privacy with legitimate state/business needs, (iii) Algorithmic accountability: Emerging jurisprudence on AI bias, transparency in automated decision-making, (e) Rationale: (i) Democratic discourse: Digital free speech essential for democratic participation, accountability, (ii) National security: Legitimate state interest in preventing misuse of digital platforms for violence, terrorism, (iii) Calibrated restrictions: Proportionality ensures restrictions justified, not arbitrary; preserves democratic space while protecting legitimate state interests, (f) Illustrates adaptive constitutionalism: Applying enduring values (free speech, privacy) to emerging technological contexts through calibrated judicial review; proportionality ensures balanced response to complex digital governance challenges.