A/HRC/35/22
Cameroon, 16 the Gambia, 17 India, 18 Myanmar, 19 the Islamic Republic of Iran, 20 Uganda 21
and Montenegro.22
12.
The failure to explain or acknowledge shutdowns creates the perception that they are
designed to suppress reporting, criticism or dissent. Reports of repression and Statesanctioned violence in the wake of network disruptions have led to allegations that some
States exploit the darkness to commit and cover up abuses. In Sudan, for example, Internet
access was shut down for several hours during a deadly crackdown on demonstrators
protesting fuel price hikes in September 2013.23
13.
Observers have also noted the growing use of shutdowns to prevent cheating by
students during national exams. Uzbekistan may have been the first to invoke this
justification during university entrance exams in 2014. 24 In 2016, authorities allegedly
ordered shutdowns during exams in India, Algeria, Ethiopia and Iraq. 25
14.
Network shutdowns invariably fail to meet the standard of necessity. Necessity
requires a showing that shutdowns would achieve their stated purpose, which in fact they
often jeopardize. Some governments argue that it is important to ban the spread of news
about terrorist attacks, even accurate reporting, in order to prevent panic and copycat
actions.26 Yet it has been found that maintaining network connectivity may mitigate public
safety concerns and help restore public order. During public disturbances in London in
2011, for example, authorities used social media networks to identify perpetrators,
disseminate accurate information and conduct clean-up operations. In Kashmir, police have
reported on the positive role of mobile phones in locating people trapped during terrorist
attacks. 27
15.
Duration and geographical scope may vary, but shutdowns are generally
disproportionate. Affected users are cut off from emergency services and health
information, mobile banking and e-commerce, transportation, school classes, voting and
election monitoring, reporting on major crises and events, and human rights
investigations. 28 Given the number of essential activities and services they affect,
shutdowns restrict expression and interfere with other fundamental rights.
16.
Shutdowns also affect areas beyond those of specific concern. 29 In the lead up to the
2015 National Day Parade in Pakistan, mobile communications networks were allegedly
cut off at the parade site as well as in surrounding areas that were not expected to
experience any potential security threat.30 During the Pope’s visit to the Philippines in 2015,
the shutdown of mobile networks for safety reasons affected areas well beyond the travel
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6
OHCHR, “UN expert urges Cameroon to restore Internet services cut off in rights violation”, press
release (10 February 2017).
Deji Olukotun, “Gambia shuts down Internet on eve of elections”, Access Now (30 November 2016).
Software Freedom Law Center, “Internet shutdowns in India, 2013-2016”.
Freedom House, “Freedom on the Net: Myanmar” (2011).
Center for Democracy and Technology, “Iran’s Internet throttling: unacceptable now, unacceptable
then” (3 July 2013).
Article 19, “Uganda: Blanket ban on social media on election day is disproportionate” press release
(18 February 2016).
Global Voices, “WhatsApp and Viber blocked on election day in Montenegro” (17 October 2016).
Human Rights Watch, “Sudan: Dozens killed during protests” (27 September 2013).
Access Now submission, part I; also Freedom House, “Freedom on the Net: Uzbekistan” (2016).
Access Now submission, part I.
See for example, OHCHR, “Preliminary conclusions and observations by the UN Special Rapporteur
on the right to freedom of opinion and expression to his visit to Turkey, 14-18 November 2016”,
press release (18 November 2016).
Institute for Human Rights and Business (IHRB), “Security v. Access: The impact of mobile network
shutdowns”, case study: Telenor Pakistan (September 2015), pp. 31-32.
Access Now submission, part I, pp. 11-14; also Global Network Initiative submission.
IHRB, “Security v. Access: The impact of mobile network shutdowns”, case study: Telenor Pakistan
(September 2015), p. 20.
Ibid., pp. 27-28.
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