32. “Blackouts” or widespread shutdowns of communication networks have even been deemed a form of collective punishment based on their inconsistency with the fundamental norms of necessity and proportionality.65 Preventing all access to the Internet spreads confusion, distrust, and instability, impacting many vulnerable groups in severe and irreparable ways. Notwithstanding a State’s purported motivation to protect national security and public order, its actions may have had the opposite effect. Conclusion 33. This case presents the Honorable Court with the opportunity to reaffirm the basic right of freedom of expression, as the use of Internet shutdowns by States proliferates, within ECOWAS and across the globe. As a general matter and as discussed above, Internet shutdowns perpetrated by any State cannot satisfy the stringent requirements of Article 19(3). 34. This amicus brief is submitted to this Honourable by the Special Rapporteur on a voluntary basis and should not be considered as a waiver, express or implied, of the privileges and immunities of the United Nations, its officials and experts on missions, pursuant to the 1946 Convention on the Privileges and Immunities of the United Nations. Authorization for the positions and views to be expressed by the Special Rapporteur, in full accordance with his independence, was neither sought nor given by the United Nations, the Human Rights Council, the Office of the High Commissioner for Human Rights, or any of the officials associated with those bodies. ________________________________ David Kaye UN Special Rapporteur on the Right to Freedom of Opinion and Expression 65 “UN rights experts urge India to end communications shutdown in Kashmir,” OHCHR (22 August 2019), https://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24909&LangID=E. 10