SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION A wide spectrum of intergovernmental organizations and mandates have pointed to the incompatibility of internet shutdowns with the right to freedom of expression. For example, the UN Human Rights Committee held that generic bans on the operation of certain sites and systems were not compatible with article 19 (3) of the ICCPR.60 This position was further underlined by the UN Special Rapporteur, who stated that “Restrictions on expression must be necessary to achieve aims specified by article 19 (3) of the Covenant and may never be invoked to justify the suppression of advocacy for democratic rights”. 61 In 2022, the UN Human Rights Council, guided by the purposes and principles of the Charter of the United Nations, called upon all States “[t]o refrain from imposing new restrictions, and to lift existing ones, on the free flow of information and ideas that are inconsistent with article 19 of the International Covenant on Civil and Political Rights, including through practices such as the use of Internet shutdowns and online censorship to intentionally prevent or disrupt access to or the dissemination of information online, the banning or closing of publications or other media and the abuse of administrative measures, criminalization and censorship, and the restriction on access to or use of information and communications technology, inter alia radio, television and the Internet”. 62 The participating States of the Freedom Online Coalition (currently 36 governments) 63 noted with concern that in the context of “increasing instances of intentional disruptions to online networks and internet shutdowns”64, in many countries “the flow of information on the Internet […] is limited beyond the few exceptional circumstances in which restrictions are acceptable in accordance with international human rights legal obligations”65. These States consistently call upon all governments to immediately end internet shutdowns and act in a manner that ensures a free, open, interoperable, reliable and secure internet, in which a diversity of voices is heard, and fully respects human rights including freedom of expression. 66 60 Human Rights Committee, General comment No. 34 (2011), para. 43, https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no34-article-19-freedoms-opinion-and. 61 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 30 March 2017, A/ HRC/35/22, Para 11, https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/35/22. 62 Freedom of opinion and expression, Resolution adopted by the UN Human Rights Council on 8 July 2022, Para 8 o), https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/407/29/PDF/G2240729.pdf?OpenElement 63 A global group of countries dedicated to co-operate for the advancement of Internet freedom and the protection of human rights and fundamental freedoms online, inter alia by furthering and protecting the free flow of information on the Internet and through connection technologies around the world. 64 Freedom Online Coalition Program of Action 2022, https://freedomonlinecoalition.com/wp-content/uploads/2022/01/FOC_ProgramofAction_2022_ENG.pdf 65 Freedom Online: Joint Action for Free Expression on the Internet. The Hague Founding Declaration of the Freedom Online Coalition, 2011. Para 4, https://freedomonlinecoalition.com/wp-content/uploads/2021/05/1-The-Hague-FOC-Founding-Declaration-with-Signatories-asof-2013.pdf 66 See: “FOC Joint Statement on Freedom of Expression Online Presented at the 47th Session of the United Nations Human Rights Council”, 2 July 2021, https://freedomonlinecoalition.com/wp-content/uploads/2021/07/FOC-Joint-Statement-on-Freedom-of-Expression-OnlinePresented-at-the-47th-Session-of-the-United-Nations-Human-Rights-Council.pdf, “FOC Joint Statement on Spread of Disinformation Online”, November 2020, https://freedomonlinecoalition.com/wp-content/uploads/2022/03/FOC-Joint-Statement-on-Spread-of-Disinformation-Online.pdf; and “FOC Joint Statement on the Human Rights Impact of Cybersecurity Laws, Practices and Policies”, February 2020, https://freedomonlinecoalition.com/wp-content/uploads/2021/06/FOC-Joint-Statement-on-the-Human-Rights-Impact-of-Cybersecurity-Laws-Practicesand-Policies.pdf, “FOC Joint Statement on State Sponsored Network Disruptions”, March 2017, https://freedomonlinecoalition.com/wp-content/ uploads/2021/06/FOC-Joint-Statement-and-Accompanying-Good-Practices-for-Government-on-State-Sponsored-Network-Disruptions.pdf. 17