The State Requirement to Show the Legality of Each Restriction 20. The first criterion, provision by law, requires each State to ground any restriction in its domestic law. The law must “not confer unfettered discretion” but instead “provide sufficient guidance to those charged with [its] execution to enable them to ascertain what sorts of expression are properly restricted and what sorts are not.”41 Also, the law must avoid unnecessary vagueness and be formulated with “precision to enable an individual to regulate his or her conduct accordingly.”42 It is not enough for States to simply cite to a law purportedly authorizing the restriction; States must ensure that any law restricting expression is in no way arbitrary or unreasonable and meets well-established standards of transparency.43 21. Further, State laws used to justify restrictions must ensure access to a remedy.44 As the former mandate holder explained, State laws must provide “adequate safeguards against abuse, including the possibility of challenge and remedy against its abusive application.”45 22. Togo cites the Law of 201146 and the Law of Information Society as legal justifications for the shutdowns.47 Any law that is vague and overbroad may allow for excessive discretion without sufficient guidance for the imposition of a restriction. Additionally, any law that does not provide access to a remedy, including judicial review, raises concerns pursuant to the stringent requirements of legality under Article 19(3). 41 U.N. Doc. A/HRC/14/23 (20 April 2010), https://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/a.hrc.14.23.pdf; General Comment 34, para. 25. 42 Id. 43 See Sunday Times v. United Kingdom (No. 1), 26 Apr. 1979, no. 6538/74, § 48. 44 See ICCPR, art. 2. Article 2(3) requires States: “(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.” 45 U.N. Doc. A/HRC/17/27 (16 May 2011), paras. 24, 69, https://undocs.org/en/A/HRC/17/27; see also “Promotion and protection of the right to freedom of opinion and expression” U.N. Doc. A/67/357 (7 September 2012), para. 42, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N12/501/25/pdf/N1250125.pdf?OpenElement. 46 See OL TGO 1/2019 (11 September 2019). As noted above, multiple U.N. Special Rapporteurs recently sent a communication to Togo expressing concerns regarding the Law of 2011 and its pending amendments. The Special Rapporteurs questioned the law’s legality and proportionality under Article 19(3). 47 See Statement in Defence: Republic of Togo (filed 19 February 2019) § II.B. 7