SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION In the Roadmap for Digital Cooperation the UN Secretary-General summed up by stating that “blanket internet shutdowns and generic blocking and filtering of services are considered by UN human rights mechanisms to be in violation of international human rights law.” He suggested that to deal with the spread of disinformation and, in particular, harmful, life-threatening content, States should use other means, in accordance with international human rights law, while avoiding disruptive blanket internet shutdowns.24 By their nature, internet shutdowns most deeply affect freedom of expression and access to information (see below)These freedoms are the foundation of free and democratic societies and an indispensable condition for the full development of personhood.25 Furthermore, they are a touchstone for all other rights guaranteed in the International Covenant on Civil and Political Rights26 and other human rights instruments. Any restriction on freedom of expression is a serious curtailment of other human rights.27 Internet shutdowns also negatively impact the enjoyment of economic, social and cultural rights. Under article 4 of the International Covenant on Economic, Social and Cultural Rights,28 any limitations to the enjoyment of those rights are permissible only insofar as they are compatible with the nature of those rights and solely for the purpose of promoting the general welfare in a democratic society. Given the increasing reliance of businesses and trade on digital technologies, mandated disruptions of communications services have serious repercussions for all economic sectors.29 Essential services that provide education, health care, and social assistance, increasingly rely on digital tools and communications. Consequently, drastic disruptions or slowdowns of communications services negatively affect the enjoyment of economic, social and cultural rights, with immediate and long-term repercussions.30 Moreover, in the words of a recent report by the Office of the UNHCHR, shutdowns “are powerful markers of deteriorating human rights situations.”31 Earlier, the UN Special Rapporteur emphasized that “internet shutdowns generate a wide variety of harms to human rights, economic activity, public safety and emergency services that outweigh the purported benefits.” 32 This seems to illustrate the “disproportionate and unnecessary” nature of shutdowns, which are never the “least intrusive” means or measure. 24 Road map for digital cooperation: implementation of the recommendations of the High-level Panel on Digital Cooperation, Report of the Secretary-General, 20 May 2020, A/74/821, para 41, https://www.un.org/en/content/digital-cooperation-roadmap/ . 25 Human Rights Committee, General comment No. 34 (2011), para. 2; and Human Rights Council resolution 44/12, https://www.ohchr.org/ en/documents/general-comments-and-recommendations/general-comment-no34-article-19-freedoms-opinion-and. 26 Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary, 2nd ed. (N.P. Engel Publishers, 2005). 27 Human Rights Committee, General comment No. 34 (2011), para. 24, https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no34-article-19-freedoms-opinion-and. 28 See: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights. 29 Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights Report of the Office of the United Nations High Commissioner for Human Rights, 13 May 2022, A/HRC/50/55, Para 33, https://www.ohchr.org/en/documents/thematic-reports/ ahrc5055-internet-shutdowns-trends-causes-legal-implications-and-impacts. 30 Op.cit., para 35. 31 Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights Report of the Office of the United Nations High Commissioner for Human Rights, 13 May 2022, A/HRC/50/55, Para 24, https://www.ohchr.org/en/documents/thematic-reports/ ahrc5055-internet-shutdowns-trends-causes-legal-implications-and-impacts. 32 Rights to freedom of peaceful assembly and of association. Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, 17 May 2019, A/HRC/41/41, para 53, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/141/02/PDF/ G1914102.pdf?OpenElement. 12

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