SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION orders, they generally rely on vaguely formulated laws that offer a large scope of discretion to authorities.” 79 The UN Human Rights Committee agrees that “the ‘interests of national security’ may serve as a ground for restrictions if such restrictions are necessary to preserve the State’s capacity to protect the existence of the nation, its territorial integrity or political independence against a credible threat or use of force.”80 However, they caution that where the very reason for the deterioration of national security is the suppression of human rights, this cannot be used to justify further restrictions, including on the right of peaceful assembly.81 The notion of “public order” according to the Human Rights Committee refers to “the sum of the rules that ensure the proper functioning of society, or the set of fundamental principles on which society is founded, which also entails respect for human rights, including the right of peaceful assembly.” 82 The same document contains applicable criteria to define “public health” and “public morals”, as well as protection of “the rights and freedoms of others”.83 In this regard, the UN Special Rapporteur noted: “Some governments argue that it is important to ban the spread of news about terrorist attacks, even accurate reporting, in order to prevent panic and copycat actions. Yet it has been found that maintaining network connectivity may mitigate public safety concerns and help restore public order.” This observation allowed the UN Special Rapporteur to conclude that “[n]etwork shutdowns invariably fail to meet the standard of necessity. Necessity requires a showing that shutdowns would achieve their stated purpose, which in fact they often jeopardize.” 84 Another UN Special Rapporteur Rapporteur on the rights to freedom of peaceful assembly and of association strongly confirmed that internet shutdowns generate a wide variety of harms that outweigh the purported benefits: “Network disruptions often backfire and cause chaos and unrest.” 85 When looking into the ways this issue is dealt with in regional intergovernmental organizations, one notes that the Committee of Ministers of the Council of Europe recommended to member States that laws addressing hate speech or protecting public order, public morals, minors, national security or official secrecy should not be applied in a manner which inhibits public debate. Such laws, according to the Committee 79 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 31, https://www.ohchr.org/en/documents/thematic-reports/ ahrc5055-internet-shutdowns-trends-causes-legal-implications-and-impacts. 80 Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights (E/ CN.4/1985/4, annex), para. 29. Cited in: UN Human Rights Committee, General comment No. 37 on the right of peaceful assembly (article 21), 17 September 2020, CCPR/C/GC/37, para 42, https://digitallibrary.un.org/record/3884725?ln=en. 81 Ibid., para. 32. 82 Ibid., para 44. 83 UN Human Rights Committee, General comment No. 37 on the right of peaceful assembly (article 21), 17 September 2020, CCPR/C/ GC/37, paras 44-47, https://digitallibrary.un.org/record/3884725?ln=en. 84 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 30 March 2017, A/ HRC/35/22, Para 14, https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/35/22. See also, Disease pandemics and the freedom of opinion and expression Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 23 April 2020, A/HRC/44/49, Para 25, https://www.ohchr.org/en/documents/thematic-reports/ahrc4449-disease-pandemics-and-freedom-opinion-and-expression-report. 85 Rights to freedom of peaceful assembly and of association. Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, 17 May 2019, A/HRC/41/41, para 53, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/141/02/PDF/ G1914102.pdf?OpenElement. 20