Can the Australian Government Shut Down the Internet?

If you’re not interested in reading on, the short answer is: yes, the Australian government can shut down access to the internet throughout the nation with very little justification, and without the checks and balances that are required in other developed nations, such as Canada and the United Kingdom (UK).

Sadly, the recent history of internet shutdowns is something the mainstream media is loathe to report about.

And the authoritative reasons behind these shutdowns is something we should all be concerned about.

Internet shutdowns

Internet shutdowns involve disrupting the telecommunications sector to control the influx and outflux of information in a specific area. Although we think these may only happen in third-world countries, the prevalence of information censorship is a real concern for people worldwide.

Internet kill switches, government regulations, and telecommunications regulations can all lead to controlling the people of a specific country—even Australia.

Misuse of Internet Kill Switches

The misuse of internet kill switches around the world isn’t a new pandemic — they have been occurring for decades. However, many people don’t realise the widespread nature of this issue since many of the shutdowns have occurred in ‘third world’ countries. 

In 2009, China shut down its internet to increase censorship of what its citizens could access online. The internet was cut off for almost a year in response to riots that caused general unrest. The government altered what the Chinese citizens could access about the rest of the world by spreading misinformation and disinformation. 

Similarly in the UK, laws have been passed that enable governments to shut down the internet if there is an emergency that could cause ‘serious damage to political administration or the economic stability’ of the country. That law is the Civil Contingencies Act of 2004, and it gives governments the power to shut down the internet in response to civil unrest or a security issue. 

A government representative in the UK 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 what this means, and of course the concern is that the law could be abused to further the interests of those in power, including to protect them against dissent.

Another country that has cut itself off from the outside world in response to government threats to its citizens and neighbouring countries is Russia. In 2019, the Russian government used its power to isolate the internet from the rest of the world. This goes to show how telecommunications are solely large corporations—governments can persuade these corporations to abide by their wishes. 

Shutdowns have been common throughout the last few decades, but they have become more frequent in recent years. Just a few weeks ago, the internet was shut down in Dhaka, Bangladesh, where access to the web was cut off for five days. Banking, communication, and commerce were intentionally shut down by the government due to political upheaval and a change of Prime Minister. 

Although it can seem far-fetched, the number of internet shutdowns are increasing every year. 

Internet Shutdowns on the Rise Per Year

Internet shutdowns are occurring more than ever. 2023 and 2024 featured hundreds of internet censorship concerns and shutdowns worldwide. 

Shutdown Trends in 2023

There were 283 shutdowns in 2023 alone—167 excluding India. The majority of shutdowns occurred in the Middle East, with many of the blockages occurring in India, Myanmar, Iran, and Palestine. Last year, the majority of shutdowns occurred due to conflicts, protests, cheating, political reasons, and natural disasters. 

Last year, shutdowns highlighted an important issue — 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 public violence. 

In Eastern Europe in 2023, there were 13 shutdowns last year, five due to the Russian military and three due to attacks in Ukraine. 

Shutdown Trends in 2024

So far in 2024, there have been 22 internet shutdowns globally, affecting 12 countries. This highlights the prevalence of censorship in 2024—this level of shutdown hasn’t occurred in the first quarter of a year since 2021. The countries most affected by shutdowns are India, Ethiopia, Senegal, Chad, and Cuba. 

However, this doesn’t necessarily equate to GDP losses connected with internet shutdowns and lack of users. Russia suffered nearly a USD 400 million loss due to intentional internet shutdowns this year, followed by Iran with $117 million in losses. 

Australian Law

However, this prevalent issue isn’t only centralised in Central Asia, Africa, and the Middle East. Many ‘Westerners’ believe that a kill switch and government censorship would never happen in their country. However, the United Kingdom imposing the potential to ban the internet—and Obama suggesting implementing a similar bill in 2010 to boost cybersecurity (it didn’t pass)—indicates that developed countries can have the same concerns. 

In Australia, the country has a kill switch that can turn off all internet availability and connectivity. 

Section 581 of the Telecommunications Act 1997 (Cth) gives the eSafety Commissioner the power to give written directions to a carrier or service provider in connection with the Commissioner’s 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 cease to supply 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 its UK counterpart – the system of checks and balances does not exist. 

The Act was amended in 2003 during the War on Terrorism Offences, 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 2003 debates regarding the amendment, the government of the day was desperate to get the bill through. Once it reached the Senate, after going through the representatives, the government agreed to an inquiry. 

The proposed amendment to the bill was advertised on 27 August 2003, with submissions to appeals due on Monday, 1 September 2003. This gave companies very little chance to read the amendment, appeal the law, and compose a submission to file in time. 

Therefore, only two submissions arrived—one from Vodafone and the other from the NSW Council for Civil Liberties. The following Friday, a two and a half hour hearing was held.

In addition, more amendments to the bill were proposed last year with the Australian Security Intelligence Organisation Amendment BIll 2023 originating in the House of Representatives. 

The purpose was to provide the ASIO with more security vetting and security clearance functions, including making security-related 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 can’t be used to turn off the Internet for an individual, company, or organisation—just the Internet as a whole. But is this beneficial for the country, or does it open the door to justifying a country-wide shutdown in the future? 

The concern for Australian residents is that it could lead to a greater chance of an internet shutdown affecting everyone, instead of certain groups or people. Australia’s provisions have far fewer checks and balances than, for example, in the UK. Therefore, the Australian AG has the power to turn off the entire internet if approved by the Prime Minister. 

Growth of government censorship

Since the 2003 Amendment, there have been numerous incidents that have occurred in Australia that have led to potential censorship concerns for residents:

• 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 aren’t a problem that occurs worlds away from our society—they are a real concern that all Australian residents must be wary of. 

Internet shutdowns can impact various parts of our lives, such as healthcare inclusion, educational opportunities, daily life, and businesses. 

Know your rights while living in Australia to avoid being kept in the dark. Limiting information to the outside world is the first step of total government corruption that limits speech, freedom of information, and awareness about other cultures, countries, and political happenings. 

Stay updated with our current information. We know your rights — and if you are going to court for a criminal or traffic law offence, call us today to arrange a free appointment with an experienced, specialist defence lawyer.