civic resources in the digital age. Depriving people of the internet interferes with a range of
fundamental human rights.
5. Conditions for Acceptable Restrictions of Free Expression in
International Law
According to Article 19(3) of the ICCPR and Article 9 and 27(2) of the African Charter, a
limitation or restriction on the right to freedom of expression will only be justifiable where it is
(i) provided by law, (ii) serves a legitimate interest, and (iii) is necessary in a democratic
society.24 Where a State‘s restriction or limitation fails to meet any one of these cumulative
criteria, it will amount to a violation of the right to freedom of expression.
The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression has expressed his particular concern about the emerging trend of the timed
blocking of internet services, such as the blocking of social media platforms, preventing users
from accessing or disseminating information at key political moments such as during elections,
times of social unrest, or anniversaries of politically or historically significant events. 25 The UN
Special Rapporteur noted that such blocking is frequently in violation of Article 19 of the ICCPR
because:
(a) The specific conditions justifying the blocking are not established in law, or
are provided by law but in an overly broad and vague manner, which risks
content being blocked arbitrarily and excessively.26
(b) The blocking is not justified to pursue aims which are listed under Article
19(3) ICCPR, and blocking lists are generally kept secret, which makes it
difficult to assess whether access to content is being restricted for a legitimate
purpose.27
(c) Even where a legitimate aim is provided, blocking measures constitute an
unnecessary or disproportionate means to achieve the purported aim, as they
are often not sufficiently targeted and render a wide range of content
inaccessible beyond that which has been deemed illegal.28
(d) Content is frequently blocked without the intervention of or possibility for
review by a judicial or independent body.29
6. Cameroon Shutdown’s Violation of Article 19
24
29
African Commission on Human and Peoples‟ Rights, Declaration of Principles on Freedom of Expression in
Africa, 32nd Session, 17 - 23 October, 2002: Banjul, The Gambia, Principle II(2).
25
United Nations Human Rights Council, Report of the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, UN Doc. A/HRC/17/27 (2011), par. 30.
26
Id., par. 31.
27
Id.
28
Id.
Id.