17
Petitioners could submit empirical evidence
on the short-run, medium run, and long run
impacts of the shutdown: In the cases examined
petitioners did this in a variety of ways. Some
petitioners, like in Global Concern Cameroon
and Amnesty International Togo estimated the
actual economic loss caused by the shutdown. The
Jodhpur High Court (Rajasthan, India) in Dhirendra
Singh Rajpurohit picked up on the immediate
pressing need to resume internet services, which
was the ongoing competitive exams for the post
of constable and also stated in the order that the
internet should not be shut down in the future
during competitive exams.
Petitioners could provide evidence on the bona
fide intentions of circumstances triggering
internet shutdowns Several courts relied and
considered the national security restriction by
picking up on respondents’ arguments about
theviolent nature of the protests or the possibility
of the protests. In Amnesty International Togo, the
Togolese government also attempted to convey
that they had tried to broker a compromise.
Safeguarding public order or national security
could be the countervailing consideration that
are prioritised at the expense of freedoms of
speech and expression. This is also relevant for
determining costs regardless of which way the
decision goes. If the protests and the litigation
was bona fide, the court is less likely to impose
costs. Therefore, providing detailed evidence in the
petition on the protests themselves and the lack of
sufficient initiative from the government to allow
for alternatives, is a sound strategy.
Recognising the limitations of international
law, foreign judgements and amicus curiae
briefs: Provisions of international law and foreign
judgements always have persuasive value even
though there is only one instance of the court
using it explicitly in the judgement as in Aliansi
Jurnalis Independen (AJI). Therefore, rather than
trying to construct an argument based solely
on international law, petitioners should refer to
provisions or jurisprudence of international law
to bolster a point that already exists in domestic
statutes and constitutional jurisprudence. Trying to
construct an exclusively international law argument
and applying it in absence of a municipal law
provision providing for the same is unlikely to
work. However, given that some cases have been
successful in different jurisdictions, reference to
those cases in the petition may be helpful.
Similarly, amicus curiae briefs also have persuasive
value. However, there are limited references to
them in the final judgement. As a result, overt
reliance on the value of amicus curiae interventions
may not be very fruitful. Sustaining and enhancing
greater collaboration, resource sharing and
logistical support locally is likely to lead to
impactful outcomes.
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