SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION Conclusions Our review of the international law and standards on internet shutdowns demonstrates a uniform condemnation of this instrument of information control. Both the United Nations, its member States, its institutions and agencies, and regional intergovernmental organizations tend to view indiscriminate and disproportionate restrictions as harmful to the fulfilment of human rights, including the right to freedom of expression, the right of access to information, and the right of peaceful assembly. The barriers to universal access to the internet prevent nations from reaching the UN Sustainable Development Goals, undermine efforts to build inclusive and development-oriented information and knowledge societies. While restrictions might aim at internationally recognized legitimate aims, such as protecting national security or public order, the practice – in the eyes of intergovernmental bodies and national courts – is often based on vaguely formulated regulations and does not meet the proportionality test. Moreover, such measures lead to silencing political opposition or dissenting voices and self-censorship of independent expression. Should States nonetheless implement shutdowns, they are advised to strictly adhere to particular requirements. As summarized by the UNHCHR, any internet shutdowns must be grounded in unambiguous, publicly available law. They should clearly lead to achieve a legitimate aim, as defined in human rights law. Shutdowns should be as narrow as possible, in terms of duration, geographical scope, and the networks and services affected. Decisions to introduce a shutdown shall be subject to prior authorization by a court or another independent competent body, to avoid any political, commercial or other unwarranted influence. Such decisions should be communicated in advance to the public and ISPs, with a clear explanation of the legal basis for the shutdown, its scope and duration. Restrictions should be subject to meaningful redress mechanisms accessible to those whose rights have been affected, including through judicial proceedings in independent and impartial courts, in a timely manner.116 Looking particularly into existing and available case law in these areas, it is necessary to establish a distinction between the criteria formulated by regional and subregional international courts, and national judicial decisions. While the former tend to use and reaffirm some of the international standards mentioned in this paper, the latter may have adopted a less consistent approach, more focused on particularities of applicable national legislation and regulation, and procedural requirements, rather than substantive or merit-based discussions of equities and rights. The ECtHR has not been dealing with complete internet shutdowns, although it was able to provide some interesting guiding principles, including that the internet has now become one of the principal means by which individuals exercise their right to freedom of expression and information, restrictions that affect 116 Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights: Report of the Office of the United Nations High Commissioner for Human Rights, 13 May 2022, A/HRC/50/55, Para 67, https://documents-dds-ny.un.org/doc/UNDOC/GEN/ G22/341/55/PDF/G2234155.pdf?OpenElement. 42