SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION Abstract This paper contributes to the discussions surrounding the internet and the challenges of its regulation. It is divided into two parts. Part one documents the international standards that have emerged pertaining to internet shutdowns, and part two explores the relevant case law at the national and international levels. The authors compile and reiterate what has become an international dogma of access to internet being an enabler of human rights. International mandates provide definition of the shutdowns and enumerate their threats to the whole palette of human rights. They draw the line between blanket shutdowns and specific forms of online censorship. Shutdowns are barriers to the universal access to the internet and to sustainable development, they abort freedom of expression and the right of access to information. Nevertheless, States find reasons to introduce internet shutdowns in the name of public interests to protect national security and public order. The paper reflects the international standards on the related modern arguments to justify shutdowns, such as disinformation and propaganda, as well as in situations of an imminent cyberattack from abroad. Jurisprudence on internet shutdowns is scarce and very few internet shutdowns have been litigated, of which many are decisions on preliminary objections or national law issues and do not engage with substantive questions regarding violations of human rights. Even where we have decisions on substantive illegality, courts have focused on the interpretation of sector-specific legislation (particularly telecoms legislation) rather than necessity or proportionality, or violations of rights beyond freedom of expression. Therefore, this paper was prepared out of the belief that courts can play a significant role vis-a-vis internet shutdowns and related issues, and determine thresholds to balance rights in these cases. The paper, thus, reviews relevant international legal norms and standards, as well as existing case law on internet shutdowns and other related aspects of internet freedom. These norms and standards, in turn, include international human rights law, views of intergovernmental organizations, international and regional human rights mechanisms and experts, and other relevant international frameworks. The paper thus aims to serve as a guide for judges and legal professionals to help them better understand the landscape of legal standards to be considered while litigating or adjudicating on internet shutdowns. 6

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