COVID-19 pandemic, people are more dependent on the internet than ever, in every aspect of life, making societies even more vulnerable to internet disruption.1 This submission sets out, first, the wider context of States’ internet disruptions, including blocking or throttling of social media platforms, and the response of the United Nations and the African Commission on Human and Peoples’ Rights, to such activities. Second, it lays out the principles to be applied by this Court when considering the lawfulness of such State action. Third, it outlines the remedies this Court should provide to those who were harmed by State-ordered internet shutdowns. II. The United Nations and the African Commission on Human and Peoples’ Rights condemn internet shutdowns. 5. The phrase “internet shutdowns” has been defined as an “intentional disruption 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.”2 Shutdowns range from blocking or throttling of service-specific messaging or social platforms, such as Twitter, to wider blocks of the mobile internet, the broadband internet, or even the internet as a whole. They are also referred to as “blackouts,” “kill switches,” or “network disruptions.”3 6. Access Now and the #KeepItOn coalition track worldwide instances of internet shutdowns. In 2016, there were 75 verified shutdowns, increasing to 106 in 2017, 196 in 2018 and 213 in 2019. In 2020, the number decreased to 155. However, the decrease may be temporary, corresponding to public lockdowns and postponement of elections; meanwhile, the negative impacts of shutdowns have deepened during the COVID-19 pandemic.4 While States often insist that they shut down the internet for reasons of combating fake news, hate speech, and related violence; public safety and national security; precautionary measures; and preventing cheating during exams, the reality on the ground shows these shutdowns coincide with elections, protests, and political instability that those governments would like to hide or suppress.5 7. In response, the United Nations (UN) and African Commission on Human and Peoples’ Rights (ACHPR) have frequently condemned internet shutdowns, highlighting the critical importance of the internet for exercising fundamental human rights. 1 See Organisation for Economic Co-operation and Development (OECD), Keeping the Internet up and running in times of crisis (4 May 2020), https://www.oecd.org/coronavirus/policy-responses/keeping-the-internet-up-and-running-in-times-of-crisis-4017c4c 9/. “Since the start of the COVID-19 crisis, demand for broadband communication services has soared, with some operators experiencing as much as a 60% increase in Internet traffic compared to before the crisis.” 2 Access Now, #KeepItOn: Frequently Asked Questions, https://www.accessnow.org/keepiton-faq/. 3 Id. 4 Access Now, Shattered Dreams and Lost Opportunities, A year in the fight to #KeepItOn (March 2021), https://www.accessnow.org/cms/assets/uploads/2021/03/KeepItOn-report-on-the-2020-data_Mar-2021_3.pdf. 5 Id. Page 2 of 13