The short answer is yes. The federal government can shut down access to the internet with very little justification and without the checks and balances that Canada and Britain require.
The recent history of internet shutdowns is something the mainstream media is loathe to report.
The authoritative reasons behind these shutdowns are something we should all be concerned about.
Internet shutdowns involve disrupting the telecommunications sector to control the influx and outflux of information in a specific area.
Although we think these only happens in countries of the Global South, the prevalence of information censorship is a concern worldwide.
Internet kill switches, government regulations and telecommunications regulations can all lead to greater control over people — even in Australia.
Misuse of kill switches
The misuse of internet kill switches around the world is not new; they have been occurring for decades.
However, many do not realise how widespread this is since many of the shutdowns have taken place in the Global South.
China shut down its internet in 2009 to increase its online censorship: it was cut off for almost a year in response to riots. The government altered what citizens could access about the rest of the world by spreading misinformation and disinformation.
Similarly, Britain has passed laws enabling governments to shut down the internet if there is an emergency that could cause “serious damage to political administration or the economic stability”. The Civil Contingencies Act 2004 gives the British government the power to shut down the internet in response to “civil unrest” or a security issue.
A British government representative claimed there would have to be a “very serious threat for these powers to be used and must comply with the Human Rights Act”.
But there is no real definition of “very serious threat” and, of course, the concern is that the law could be abused to further the interests of those in power including to quash dissent.
Russia has also cut itself off from the outside world. In 2019, Vladimir Putin isolated the country’s internet from the rest of the world.
It shows how governments can persuade large corporations controlling telecommunications to abide by their wishes.
Shutdowns have been common throughout the last few decades, but in recent years they have become more frequent.
Weeks ago, access to the web was shut down in Dhaka, Bangladesh, for five days. Banking, communication and commerce were shut down by the government due to student protests against the now departed former prime minister.
Shutdown trends in 2023
The number of internet shutdowns is rising every year. Last year, there were 283 shutdowns — 167 excluding India.
The majority were in the Middle East, with many blockages in India, Myanmar, Iran and Palestine.
Last year, the majority of shutdowns happened due to conflicts, protests, cheating, political reasons and natural disasters.
Last year, shutdowns highlighted that governments shut down the internet and blocked information when human rights issues were raised.
Almost 60% of shutdowns in Africa alone were related to protests and political unrest, with 76.6% of shutdowns in the Asia Pacific region occurring simultaneously with protests.
In Eastern Europe last year, there were 13 shutdowns, five due to the Russian military and three due to Russia’s attacks in Ukraine.
Shutdown trends in 2024
So far, there have been 22 internet shutdowns globally, affecting 12 countries.
This highlights the prevalence of censorship: this level of shutdown has not occurred in the first quarter of a year since 2021.
The countries most affected are India, Ethiopia, Senegal, Chad and Cuba.
However, this does not necessarily equate to gross domestic product losses connected with internet shutdowns and lack of users.
Russia suffered nearly a US$400 million loss due to intentional internet shutdowns this year, followed by Iran with US$117 million in losses.
Australia’s kill switch law
Many would not believe that a kill switch and government censorship would happen. However, Britain imposed the potential to ban the internet and former President Barack Obama suggested implementing a similar bill in 2010 to boost cyber security (it did not pass).
Australia has a kill switch that can turn off all internet availability and connectivity.
Section 581 of the Telecommunications Act 1997 gives the eSafety Commissioner the power to give written directions to a carrier, or service provider, in connection with their functions.
This section in the act is not limited to any other law that regulates the power of the eSafety Commissioner or chooses the mode in which the eSafety Commissioner is able to exercise power.
Once the eSafety Commissioner provides written directions to a carrier or service provider, the person must comply with the direction given to the person, in either subsection (1) or subsection (2A).
In addition to section 581 in the Telecommunications Act, the Australian Security intelligence Organisation Act 1979 empowers the Attorney General, after consulting the Prime Minister and the Minister of Communications, to direct a telecommunications carrier or carriage service provider in writing to stop supply to a service if it is “prejudicial to security” as defined under the ASIO Act.
Although this act is meant to only be used in emergency situations, the concern is that — unlike in Britain — the system of checks and balances does not exist.
The act was amended in 2003, during the war on terrorism, to empower the Attorney General to direct a telecommunications carrier to kill the internet “either generally or to a particular person or particular persons”.
During the debates on this amendment, the John Howard Coalition government was so eager to pass the bill that once it reached the Senate, it agreed to an inquiry.
The proposed amendment to the bill was advertised on August 27, 2003, with submissions to appeals due on September 1, 2003. This gave very little chance to compose a submission or prepare an appeal.
Only two submissions arrived — one from Vodafone and the other from the NSW Council for Civil Liberties. Four days later, a two-and-a-half hour hearing was held.
More amendments the Telecommunications Act 1997 were proposed last year, with the Australian Security Intelligence Organisation Amendment Bill 2023 originating in the House of Representatives.
Its purpose is to provide the ASIO with more security clearance functions, including making decisions for ASIO and non-ASIO personnel, communicating with agencies regarding suitability of who could hold security clearance, creating security clearance sustainability assessments, and enabling security clearance sponsors to share certain information.
The law cannot be used to turn off the Internet for an individual, company or organisation —just the internet as a whole. The Attorney General has the power to turn off the entire internet if approved by the Prime Minister.
But is this of benefit to the country, or does it open the door to justifying a country-wide shutdown in the future?
Growth of government censorship
Since the 2003 amendment, there have been numerous incidents that have led to censorship concerns:
• 2008: Internet censorship policy that related to mandatory filtering of overseas websites that are considered “refused classification”;
• 2015: Court-ordered censorship of websites to facilitate copyright infringement;
• 2019: The Senate passed a bill requiring websites that provide a hosting service to remove audio or visual material that shows ‘abhorrent violent conduct’ within a suitable time frame.
Know your rights
Internet shutdowns are a real concern for all Australians. They can impact our lives, including healthcare, education as well as many other factors dealing with daily life and business.
Know your rights to avoid being kept in the dark.
Limiting information is the first step of total government corruption that limits speech, freedom of information and awareness about other cultures, countries and political movements.
[This article was first published by Sydney Criminal Lawyers.]