2. International and Regional Courts Have Widely Condemned Internet Shutdowns
and Website Blocking
Measures amounting to internet service disruption, website blocking, and online ―kill switches‖
or ―shutdowns‖ have been widely condemned by international, regional and domestic courts and
human rights bodies. Most recently, in November 2016, the African Commission adopted a
Resolution in which it expressed its concern over ―the emerging practice of State Parties of
interrupting or limiting access to telecommunication services such as the Internet, social media
and messaging services, increasingly during elections‖.13
In doing so, the African Commission aligned itself with the Human Rights Council of the UN
General Assembly, which adopted a Resolution in June 2016 that appealed for the promotion,
protection, and enjoyment of human rights on the internet.14 The Human Rights Council stated
that it was deeply concerned ―by measures aiming to or that intentionally prevent or disrupt
access to or dissemination of information online, in violation of international human rights
law‖.15 In the Resolution, the Council ―condemns unequivocally measures to intentionally
prevent or disrupt access to or dissemination of information online in violation of international
human rights law and calls on all States to refrain from and cease such measures.‖16
In December 2017, the UN General Assembly adopted by consensus the resolution, "The safety
of journalists and the issue of impunity", which contains an operative paragraph on shutdowns:
“Condemns unequivocally measures in violation of international human rights law
aiming to or that intentionally prevent or disrupt access to or dissemination of
information online and offline, aiming to undermine the work of journalists in informing
the public, and calls upon all States to cease and refrain from these measures, which
cause irreparable harm to efforts at building inclusive and peaceful knowledge societies
and democracies.‖17
In 2011, the UN Special Rapporteur on freedom of opinion and expression, the African
Commission Special Rapporteur on Freedom of Expression and Access to Information, the
Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the
Media, and the Organization of American States (OAS) Special Rapporteur on Freedom of
Expression jointly declared that the;
13
African Commission on Human and Peoples‟ Rights, Resolution on the Right to Freedom of Information and
th
Expression on the Internet in Africa, 59 Ordinary Session, held Banjul, Islamic Republic of The Gambia, from 21
October to 04 November 2016, ACHPR/Res. 362(LIX) 2016.
14
UN Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet, UN
Doc. A/HRC/32/L.20 (2016).
15
Id., p. 3.
16
Id., par. 10.
17
UN General Assembly, The safety of journalists and the issue of impunity, UN Doc. A/C.3/72/L.35/Rev.1
(2017).