SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION A joint opinion on freedom of expression on the internet was issued by the UN Special Rapporteur on Freedom of Opinion and Expression, along with the OSCE Representative on Freedom of the Media, the 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. These four intergovernmental rapporteurs maintain that States have the obligation to promote universal access to the internet, and cannot justify for any reason, not even for public safety or national security reasons, cutting off access to the internet, for whole populations or segments of the public. The same applies to slow-downs imposed on the internet or parts of it.41 Regional bodies have also affirmed the principle of non-interference with access to the internet and stressed that States “shall not engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population.”42 Internet-related policies should recognise the global nature of the internet and the objective of universal access. They should not adversely affect the unimpeded flow of transboundary internet traffic.43 Actions that curtail internet access within the jurisdiction of one State may illegitimately interfere with access to information in other States or negatively impact the transboundary flow of information on the internet. 44 1.2. Shutdowns and freedom of expression The Universal Declaration of Human Rights (UDHR), a global standard in the relevant law, provides, in article 19, the right to freedom of expression, which includes the right “to seek, receive, and impart information and ideas through any media and regardless of frontiers”. Article 29 establishes the standard criteria to assess the compatibility of limitations: the principles of rule of law, legitimacy and proportionality, while article 30 adds that the rights enshrined in the UDHR should not be interpreted as implying the right to engage in any activity aimed at the destruction of other rights.45 The International Covenant on Civil and Political Rights (ICCPR), in article 19, recognizes and protects freedom of expression, and like the UDHR, allows its restriction subject to certain conditions. It argues that the exercise of these rights requires “special duties and responsibilities,” therefore free speech may only be limited “for respect of the rights or the reputations of others” or for the protection of national security, pubHigh Commissioner for Human Rights, 13 May 2022, A/HRC/50/55, Para 45, https://www.ohchr.org/en/documents/thematic-reports/ ahrc5055-internet-shutdowns-trends-causes-legal-implications-and-impacts. 41 International Mechanisms for Promoting Freedom of Expression, Joint Declaration on freedom of expression and the internet (2011), https://www.osce.org/files/f/documents/e/9/78309.pdf, see also their Joint Declaration on universality and the right to freedom of expression (2014), https://www.osce.org/files/f/documents/f/e/118298.pdf. 42 African Commission on Human and Peoples’ Rights, Declaration of Principles on Freedom of Expression and Access to Information in Africa, principle 38 (2). 2019. https://www.achpr.org/public/Document/file/English/Declaration%20of%20Principles%20on%20Freedom%20 of%20Expression_ENG_2019.pdf. See also Resolution on the Right to Freedom of Information and Expression on the Internet in Africa - ACHPR/Res. 362(LIX) 2016, http://www.oas.org/en/sla/dil/docs/acceso_informacion_desarrollos_UA_ACHPR-Res_362_LIX_2016.pdf. 43 Declaration by the Committee of Ministers on Internet governance principles (Adopted by the Committee of Ministers on 21 September 2011 at the 1121st meeting of the Ministers’ Deputies), Para 5, https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805cc2f6W 44 Recommendation CM/Rec(2015)6 of the Committee of Ministers to member States on the free, transboundary flow of information on the Internet (Adopted by the Committee of Ministers on 1 April 2015, at the 1224th meeting of the Ministers’ Deputies) Para 5, https://search.coe.int/ cm/Pages/result_details.aspx?ObjectID=09000016805c3f20 45 See: https://www.un.org/en/about-us/universal-declaration-of-human-rights. 14