Finally, by discussing case law, we hope to fill in
the gaps in transnational legal and jurisprudential
aspects on internet shutdowns globally.
Methodology and
While a lot of attention has been placed on the
technological, sociological and international
human rights aspects of internet shutdowns,
their situatedness in domestic legal frameworks
is relatively understudied. The report does not
discuss the social, economic or political impacts
of internet shutdowns but limits itself to looking
at litigation challenging the internet shutdown.
This report should be read with the accompanying
workbook that delineates case and judgement
details of legal challenges to internet shutdowns
across the world.”
This research initially involved desk research
to procure judgement copies and study various
aspects of available documentation relating to
litigation on internet shutdowns to prepare the
workbook, identify trends, and craft strategies for
litigation concerning internet shutdowns globally.
It is pertinent to note that the litigation being
analysed pertains to instances of extreme network
disruptions implemented by or upon the direction
of state authorities. These are often referred to as
This workbook will be updated in line with
subsequent developments and as we receive more
information. An internet shutdown is defined
as “ an intentional disruption of internet-based
communications, rendering them inaccessible or
effectively unavailable, for a specific population,
location, or mode of access, often to exert control
over the flow of information.” Internet shutdowns
have grave societal impacts, particularly on
vulnerable populations who need access to internet
based services and on civil society organisations
using the internet to work. It also has grave
economic costs. The Global Network Initiative
attempted to estimate this cost and found that “the
per day impact of a temporary shutdown of the
Internet and all of its services would be on average
$23.6 million per 10 million population.”
Governments use various methods to block access
to internet or restrict access to specific websites.’°
One method is URL- based blocking which
prevents access to a list of pre-decided websites. A
second method is called throttling which imposes
severe limits on traffic to specific sites thereby
giving the user an impression of slow service,
thereby turning them away from the website. The
final method, is asking telecom companies to shut
down the internet entirely, thus preventing data
access altogether.
research limitations
internet shutdowns, network shutdowns, internet
blackouts, and others.. An assessment of litigation
concerning similarly egregious infractions on
human and fundamental rights through tools such
as censorship of content online, targeted website
blocking/banning etc. is beyond the scope of this
research.
The authors tried to source English language
copies of the petitions filed and judgements/orders
made for each instance of litigation on internet
shutdowns anywhere in the world, but were not
entirely successful. For some of the cases for which
the authors were unable to source the primary
documentation, secondary literature where the
same was available was used and analysed. The
researchers also included one case, that in the
Karnataka High Court in India, where a petition
challenging the internet shutdown in Kashmir was
filed, but no judgement has been rendered yet.
Observations
Case background
Political climate
It is well-documented that governments around
the world resort to shutting down the internet to
prevent significant political uprisings.” Litigation
challenging internet shutdowns have therefore
taken place in adverse political climates.
13 Rathi, A. & Basu, A. et.al. (2020). Dialling in the Law (DITL) Workbook. A workbook delineating case and judgement details of legal challenges
to internet shutdowns across the world. https: //docs.google.com /spreadsheets/d/14s7JmGpAoVSTgItLOSNpTpskuUIFFx9MgwZMMn20n
Uc/edit?usp=sharing
14 Internet Society. (2019). Policy Brief: Internet Shutdowns. Internet Society. https: www.internetsociety.or
olicybriefs /internetshutdowns#
edn3 /
15 Delotie LLP. (2016). The economic impact of disruptions to Internet connectivity: A report for Facebook. Delloitte, LLP.
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16 Giles, C. (2019, 21 March). Africa Internet: How do governments shut it down? h
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17 Berhan Taye, B. (2019) The State of Internet Shutdowns Around the World; The 2018 #KeepItOn report. Access Now.
https:
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/assets
/uploads
/2019/07/KeepltOn-2018-Report.pdf