SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
a significant amount of internet users and prevent access to fully legal online content must be particularly
considered by competent authorities as they have a significant “collateral effect”, and domestic law and
subsequently judicial interpretation and application must ensure that blocking orders targeting specific online services are not abusive and particularly are not used to block internet access in general.
In sub-regional human rights systems, the ECOWAS Court has adopted two important decisions particularly focusing on the matter of internet shutdowns. This Court has refused any restrictive interpretation in
terms of access to justice (locus standi) in cases of internet shutdowns. In particular, the Court has considered that the impact on the work of civil society organisations, media or individual journalists are sufficient
grounds for legal action. The Court has also referred to the connection of the right to access the internet - as
well as to certain very popular applications - and the right to freedom of expression. The Court has emphasized that internet access may not strictly be a fundamental right but is a “derivative right” as it enhances
the exercise of freedom of expression. As such, the Court considers that internet access is an integral part of
the right to freedom of expression that requires protection by law and makes its violation actionable.
Regarding national court decisions, they elaborate and are usually based on domestic legislation including freedom of expression constitutional provisions, telecommunications legal and regulatory frameworks,
national security and public order legislation, as well as general legal provisions regarding the powers of
national and regional governments, administrative law enforcement authorities and other agencies. In many
cases the fundamental legal reasoning in the analysis of internet access restrictions may thus not consider
or refer to the international and regional legal standards and case law already presented in this paper, while
in some decisions, though, we shall also be able to find and recognize at least the language of international
human rights standards.
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