radio phone-in programs and restrict television and radio networks, particularly during periods of political tension such as the country’s elections in 2019.19 These actions indicate a level of government interference in the media landscape, impacting the free flow of information and public discourse. Additionally, Malawi has faced instances of internet shutdowns in the lead-up to elections, further underscoring the government’s use of regulatory measures to control digital spaces and limit freedom of expression online.20 Such restrictions can hinder the ability of citizens to access information, engage in public debate, and exercise their right to free expression in the digital realm. freedom of expression violations.22 The case concerned the internet shutdown imposed by the Togolese Government following protests against the extension of the presidential term limits. The CCJ held that the punitive action curtailed the Applicant’s right to receive information as provided for in Article 9 of the African Charter on Human and People’s Rights.23 Importantly, the CCJ directed the Togolese Government to enact laws to meet its obligations concerning the freedom of expression.24 Summatively, this jurisprudence highlights the importance of safeguarding digital rights as a medium of realising the right to receive information in the digital age. Likewise, the judgement equally calls upon states to legislate on the instances where this right can rightly be curtailed, especially in the interests of, inter alia, national security.25 CYRILLA’s Comparative Assessment of Jurisprudence on Internet Shutdowns featured the legal hurdles in Togo with a special focus on the case of Amnesty International Togo & Ors versus The Togolese Republic (Amnesty International Togo case).21 The Economic Community of West African States (ECOWAS) Community Court of Justice (CCJ) in Abuja recognised the applicants’ standing to challenge the shutdown based on By implementing laws that regulate the digital space in arguably restrictive ways, these countries raise concerns about the impact of legal frameworks on freedom of expression and access to information in the digital age. Lameck Masina. 2019. ‘Malawi Broadcasters, Media Freedom Group Criticize Call-In Shows Suspension’. VOA. https://www.voanews.com/a/ press-freedom_malawi-broadcasters-media-freedom-group-criticize-call-shows-suspension/6169769.html Accessed 17 April 2024. 20 ibid 21 CYRILLA, ‘Dialling in the Law: A Comparative Assessment of Jurisprudence on Internet Shutdowns,’ https://cyrilla.org/en/entity/suwvb32mtl Accessed 17 April 2024. 19 Amnesty International Togo & Ors v The Togolese Republic (Amnesty International Togo case), page 8-11 link 23 Article 9, African Charter on Human and People’s Rights. 24 (n 22), Page 14 judgement 25 (n 22), Page 13 judgement 22 CYRILLA’s Comparative Assessment of Jurisprudence on Internet Shutdowns featured the legal hurdles in Togo with a special focus on the case of Amnesty International Togo & Ors versus The Togolese Republic (Amnesty International Togo case). 8

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