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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