6. The Special Rapporteur’s mandate draws upon ICCPR Article 19, which protects the right to hold opinions without interference and the right “to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Togo acceded to the ICCPR in 1984.2 7. The U.N. Human Rights Committee (“Committee”), the expert body that monitors compliance with and issues interpretations of the ICCPR, has emphasized the fundamental nature of rights to freedom of opinion and expression, stating: Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They are essential for any society. They constitute the foundation stone for every free and democratic society. The two freedoms are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions . . . Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.3 The Committee has further stated that the “freedoms of opinion and expression form a basis for the full enjoyment of a wide range of other human rights.”4 As one example, “freedom of expression is integral to the enjoyment of the rights to freedom of assembly and association.”5 The Global Trend of Internet Restrictions 8. Internet shutdowns have been usefully defined as “intentional disruption[s] of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.”6 Restricting Internet access results in tremendous individual and societal harms. 9. Restricting Internet access seriously impairs journalistic activity. A free and independent media is a key democratic principal that reinforces accountability mechanisms and fosters “dialogue, peace, and good governance.”7 Although the function of journalism is “shared by a wide range of actors,” there is a common reliance on Internet-based communication networks.8 In 2018, the Human Rights Council passed a resolution stating that it: 2 “Ratification of 18 International Human Rights Treaties.” United Nations Office of the High Commissioner for Human Rights, https://indicators.ohchr.org/. 3 U.N. Human Rights Committee, General Comment No. 34, CCPR/C/GC/34 (2011) (“General Comment 34”), paras. 2-3. 4 Id., para. 4. 5 Id. 6 “What is an internet shutdown?” Access Now, https://www.accessnow.org/keepiton/. This definition was developed in 2016 by a diverse set of stakeholders from across the globe, including North America, Asia, Africa, Latin America, and Europe. Access Now, https://www.accessnow.org/no-internet-shutdowns-lets-keepiton/. 7 U.N. Doc. A/RES/68/163, preamble (21 February 2014); see General Comment 34, para. 44. 8 Id. 3

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