Internet, for whole populations or segments of the public (shutting down the Internet) can never be justified, including on public order or national security grounds.”13 13. In the 2015 Joint Declaration, the UN and regional experts in the field of freedom of expression reconfirmed the unlawfulness of the internet shutdowns by stating that “[f]iltering of content on the Internet, using communications ‘kill switches’ (i.e. shutting down entire parts of communications systems) […] are measures which can never be justified under human rights law.”14 14. In July 2016, the UN Human Rights Council, in its consensus resolution on the promotion, protection and enjoyment of human rights on the Internet, called on all States to refrain from and cease measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law.15 15. In September 2016, the former Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, reconfirmed that internet shutdowns “are generally disproportionate, as “for even if they are premised on national security or public order, they tend to block the communications of often millions of individuals.”16 13 The UN Special Rapporteur on freedom of opinion and expression, the organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on freedom of expression, and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on freedom of expression and access to information (1 June 2011), para. 6(b), https://www.osce.org/files/f/documents/e/9/78309.pdf. The 2001 Joint Declaration stated that the right to freedom of expression applies to the internet, just as it does to other communication media. The UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on freedom of expression (19 November 2001), https://www.osce.org/files/f/documents/2/0/40053.pdf. 14 The UN Special Rapporteur on freedom of opinion and expression, the OSCE Representative on Freedom of the Media, the OAS Special Rapporteur on freedom of expression and the ACHPR Special Rapporteur on freedom of expression and access to information (4 May 2015), para. 4(c), https://www.osce.org/files/f/documents/a/0/154846.pdf. The 2011 and 2015 Joint Declarations were reconfirmed in the Joint Declaration in 2016 and 2018. Further, the 2019 and 2020 Joint Declaration deplored specifically internet shutdowns and required that “[o]ver the coming years, States and other actors should […] [r]efrain from imposing Internet or telecommunications network disruptions and shutdowns.” For the 2020 Joint Declaration, see https://www.osce.org/files/f/documents/9/8/451150_0.pdf. 15 UN General Assembly, Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet (27 June 2016), UN Doc. A/HRC/32/L.20, para. 10, https://undocs.org/A/HRC/32/L.20 (“Internet Resolution”). Recalled by the UN General Assembly, Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet (17 July 2018), A/HRC/RES/38/7, https://undocs.org/A/HRC/RES/38/7. Also, another 2018 Human Rights Council resolution expressed concern “about the emerging trend of [...] undue restrictions preventing Internet users from having access to or disseminating information at key political moments, with an impact on the ability to organize and conduct assemblies[.]” UN General Assembly, Human Rights Council, The promotion and protection of human rights in the context of peaceful protests (16 July 2018), UN Doc. A/HRC/RES/38/11, https://undocs.org/A/HRC/RES/38/11. This resolution was recalled by a 2020 Human Rights Council resolution. UN General Assembly, Human Rights Council, The promotion and protection of human rights in the context of peaceful protests (13 July 2020), UN Doc. A/HRC/44/L.11, https://undocs.org/en/A/HRC/44/L.11. 16 UN General Assembly, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (6 September 2016), UN Doc. A/71/373, para. 21, https://undocs.org/en/A/71/373. Page 4 of 13