6. The Special Rapporteur’s mandate draws upon ICCPR Article 19, which protects the right to
hold opinions without interference and the right “to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.” Togo acceded to the ICCPR in 1984.2
7. The U.N. Human Rights Committee (“Committee”), the expert body that monitors
compliance with and issues interpretations of the ICCPR, has emphasized the fundamental
nature of rights to freedom of opinion and expression, stating:
Freedom of opinion and freedom of expression are indispensable conditions for the full
development of the person. They are essential for any society. They constitute the
foundation stone for every free and democratic society. The two freedoms are closely
related, with freedom of expression providing the vehicle for the exchange and
development of opinions . . . Freedom of expression is a necessary condition for the
realization of the principles of transparency and accountability that are, in turn, essential
for the promotion and protection of human rights.3
The Committee has further stated that the “freedoms of opinion and expression form a basis
for the full enjoyment of a wide range of other human rights.”4 As one example, “freedom of
expression is integral to the enjoyment of the rights to freedom of assembly and
association.”5
The Global Trend of Internet Restrictions
8. Internet shutdowns have been usefully defined as “intentional disruption[s] of internet or
electronic communications, rendering them inaccessible or effectively unusable, for a
specific population or within a location, often to exert control over the flow of information.”6
Restricting Internet access results in tremendous individual and societal harms.
9. Restricting Internet access seriously impairs journalistic activity. A free and independent
media is a key democratic principal that reinforces accountability mechanisms and fosters
“dialogue, peace, and good governance.”7 Although the function of journalism is “shared by
a wide range of actors,” there is a common reliance on Internet-based communication
networks.8 In 2018, the Human Rights Council passed a resolution stating that it:
2
“Ratification of 18 International Human Rights Treaties.” United Nations Office of the High Commissioner for
Human Rights, https://indicators.ohchr.org/.
3
U.N. Human Rights Committee, General Comment No. 34, CCPR/C/GC/34 (2011) (“General Comment 34”),
paras. 2-3.
4
Id., para. 4.
5
Id.
6
“What is an internet shutdown?” Access Now, https://www.accessnow.org/keepiton/. This definition was
developed in 2016 by a diverse set of stakeholders from across the globe, including North America, Asia, Africa,
Latin America, and Europe. Access Now, https://www.accessnow.org/no-internet-shutdowns-lets-keepiton/.
7
U.N. Doc. A/RES/68/163, preamble (21 February 2014); see General Comment 34, para. 44.
8
Id.
3