Introduction 1. Professor David Kaye, United Nations (“U.N.”) Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (the “Special Rapporteur”) respectfully submits this amicus curiae brief in the case of Amnesty International Togo, et al. v. The Togolese Republic, Suit No. ECW/CCJ/APP/61/18. 2. The Special Rapporteur sets forth his analysis regarding the impact of certain kinds of Internet restrictions on the right to freedom of expression. In light of the alarming global trend of Internet shutdowns, this submission will describe State obligations with respect to freedom of expression under international human rights law, in particular, Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”).1 3. Specifically, this submission sets forth relevant factual material relating to the phenomenon of Internet shutdowns and website blocking in Togo and other States, as well as documented impacts of such government actions on the exercise of freedom of expression; provides observations on the interpretation and application of Article 19 of the ICCPR to the Internet shutdowns; offers analysis of the limited circumstances in which States may restrict freedom of expression and the three-pronged test for determining whether a restriction complies with Article 19. 4. The Special Rapporteur does not introduce new arguments to the case or recapitulate the arguments advanced by the parties. Rather, he offers relevant information and analysis to assist this Honourable Court in rendering a just and equitable determination. Background The Special Rapporteur and this Amicus Brief 5. The Special Rapporteur is an independent expert appointed by the U.N. Human Rights Council. He is mandated by Human Rights Council Resolution 7/36 to, inter alia: (a) gather all relevant information, wherever it may occur, relating to violations of the right to freedom of opinion and expression, discrimination against, threats or use of violence, harassment, persecution or intimidation directed at persons seeking to exercise or to promote the exercise of the right to freedom of opinion and expression, including, as a matter of high priority, against journalists or other professionals in the field of information; (b) seek, receive and respond to credible and reliable information from governments, non-governmental organizations and any other parties who have knowledge of these cases; and (c) make recommendations and provide suggestions on ways and means to better promote and protect the right to freedom of opinion and expression in all its manifestations. 1 International Covenant on Civil and Political Rights, 999 U.N.T.S .171 (1966) (“ICCPR”). This Honourable Court properly considers and applies the ICCPR in this matter, pursuant to, inter alia, Article 1(h) of the ECOWAS Protocol on Democracy and Good Governance. See SERAP v. Federal Republic of Nigeria, ECW/CCJ/JUD/18/12 (14 December 2012) (specifically observing that this Honourable Court “has jurisdiction to adjudicate on the alleged violations of the International Covenant on Civil and Political Rights”). Togo concedes the ICCPR’s applicability by engaging with the treaty in its briefing. See Statement in Defence: Republic of Togo (filed 19 February 2019) § II.AC. 2