Background
Government-mandated disruptions of internet
access are becoming increasingly frequent around
the world.®° Under the guise of a variety of reasons,
most prominently including the safeguarding
of public order and national security interests,
restricting internet access has typically been used
as a tool to quell dissent and organisation during
key political moments such as protests, civil strife,
anniversaries of key historical events or elections.
This has been the recourse of governments
across political systems’—democratically elected
governments, authoritarian regimes and countries
in transition have all been documented as shutting
the internet down, even for months at a stretch.
Concerted international attention towards the
severe harms caused by internet shutdowns is
also emerging. The 2017 report by the United
Nations Special Rapporteur on the promotion
and protection of the right to freedom of opinion
and expression submitted to the United Nations
Human Rights Council looks at illegal internet
communication shutdowns.® The report argues
that states and governments are increasingly
relying on telecommunications companies, internet
service providers and other actors to cut access to
the internet and monitor expression online. Given
this environment, the report charts out a series
of measures that the digital access industry can
undertake to identify, prevent and mitigate risks
to freedom of expression caused due to internet
shutdowns. The report references Human Rights
Council resolution 32/13 which unequivocally
condemned measures that sought to intentionally
prevent or disrupt access to or the dissemination
of information online.? The motivations of state
actors to impose internet shutdowns also often
thrives in legal vacuums.
As a result of legislative forbearance to address
these, legal barriers challenging internet
shutdowns have also increased recently, albeit with
mixed results.’° Litigation has transcended national
and continental borders—with cases being heard
in India, Pakistan, Democratic Republic of Congo,
Indonesia and Cameroon." Many of these cases
have been unsuccessful in restoring internet
access, although there have been recent victories.
Regardless of the outcome of these litigation
processes, the discourse galvanised by these
processes have been crucial in terms of bringing
this issue to light on a global scale. Vibrant local
and transnational advocacy groups working
towards resisting internet shutdowns too have
fostered and played a crucial role in achieving
discursive and material gains? when penalties or
restrictions evincing the harshness of the law are
tempered or better clarified by court justices.
About this report
This report and the associated workbook seeks to
contribute to the discourse in three ways. First,
we hope to open an extensible documentation
and overview of practices, experiences, and
resources on the legitimisation of, and resistance
to, state-backed internet shutdowns across the
world. Second, we seek to enable and advance
a collective understanding of emerging legal
and jurisprudential frameworks being used to
legitimise and resist internet shutdowns. Free
and open access to such data would help human
rights lawyers and civil society advocates to locate
relevant jurisprudence and accordingly tailor
strategies.
6 Access Now. (2020). Targeted, Cut Off, and Left in the Dark: The #KeepItOn Report on Internet Shutdowns in 2019. Access Now.
https:
WWW.aCCESSNOW.OF:
cms
/assets
/uploads
/2020
/02
/KeepItOn-2019-report-1.
pdf
7 Ibid.
8 United Nations. (2017). Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to
A/HRC/35 /22
the United Nations Human Rights Council. United Nations. https: www.undocs.or
9 Resolution adopted by the Human Rights Council on 1 July 2016 - 32/13. The promotion, protection and enjoyment of human rights on the
Internet
10 Access Now. (2019). Judges raise the gavel to #KeepItOn around the world. Access Now. https:
vel-to-keepiton-around-the-worl
11 Ibid.
www.accessnow.org
/judges-raise-the-
12 Keck, M., & Sikkink, K.(2019). Transnational advocacy network in international and regional politics. International Social Science Journal 65://onlinelibrary.wil
i
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