A/HRC/44/24
19.
At least 65 Internet shutdowns took place during protests in 2019, jeopardizing the
right of peaceful assembly both online and offline. 38 The interference with access to and the
availability and use of the Internet thwarts the capacity of individuals to organize themselves
and assemble. Shutdowns have a chilling effect on the right of peaceful assembly as they
undermine the publicizing of assemblies and restrict possibilities to mobilize large groups
effectively and quickly. Shutdowns also have a negative impact on the right to freedom of
expression and access to information39 and are of particular concern in contexts where the
traditional media is controlled by the government and where the Internet may be the only
space for the free expression of various views. 40
20.
In addition to impairing access to information, freedom of expression and the right to
peaceful assembly, the negative economic impact of Internet shutdowns has been estimated
to be significant.41 Shutdowns also have severe effects on the ability to realize economic and
social rights, given the number of essential activities and services they affect, including
access to emergency services, health information, mobile banking, transportation and
educational materials. As highlighted by the High Commissioner, shutting down, restricting
or blocking the Internet, or placing restrictions on secure and confidential communications,
may well exacerbate, rather than curtail, tensions.42 In some countries, links have been drawn
between Internet shutdowns and increased levels of violence and unrest, the commission of
human rights violations, and an increased sense of fear within communities. 43 All these
factors tend to highlight that the negative effects of shutdowns may outweigh any purported
benefits for the country concerned.44
21.
The High Commissioner has emphasized that blunt measures such as blanket Internet
shutdowns, sometimes for prolonged periods, contravene international law, 45 affecting
States’ obligations to respect, in addition to freedom of expression and the right to peaceful
assembly, a wide range of rights, including freedom of association and of movement and the
rights to health and education. These views have been shared by experts from international
and regional human rights mechanisms. 46 In its general comment No. 34 (2011) on the
freedoms of opinion and expression, the Human Rights Committee stated that any restrictions
on the operation of websites, blogs or any other Internet-based, electronic or other such
information dissemination system, including systems to support such communication, were
only permissible if they were compatible with article 19, paragraph 3, of the International
Covenant on Civil and Political Rights. It stated that generic bans on the operation of certain
sites and systems were not compatible with paragraph 3. It also noted that it was inconsistent
with paragraph 3 to prohibit a site or an information dissemination system from publishing
material solely on the basis that it might be critical of the government or the political social
system espoused by the government.47
22.
The Special Rapporteur on the right to privacy noted that Internet shutdowns had
become a disturbing trend in the context of elections, often carried out under the pretext of
posing a risk to national security or preventing the spread of hate speech, disinformation or
public disorder. 48 Similarly, the Special Rapporteur on the rights to freedom of peaceful
assembly and of association recalled that shutdowns and the blocking of entire websites
38
39
40
41
42
43
44
45
46
47
48
6
Ibid.
Contribution of Italy.
Contribution of Comisión para los Derechos Humanos del Estado Zulia.
www.brookings.edu/research/internet-shutdowns-cost-countries-2-4-billion-last-year/; and
www.top10vpn.com/cost-of-internet-shutdowns/.
https://news.un.org/en/story/2016/12/548052-silencing-opposition-not-solution-un-rights-chief-saysinternet-blackout-looms.
Contribution of Access Now; A/HRC/41/41, para. 51.
A/HRC/41/41, para. 53.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24945&LangID=E.
See communications AL CMR 2/2017, dated 3 February 2017 (in French); AL CMR 1/2018, dated 25
April 2018 (in French); and UA ETH 5/2016, dated 7 October 2016. Available at
spcommreports.ohchr.org.
Human Rights Committee, general comment No. 34 (2011), para. 43.
Contribution of the Special Rapporteur on the right to privacy. See also
https://cipesa.org/?wpfb_dl=294.
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