moderation, online hate speech, surveillance, and artificial intelligence.91 Tendayi Achiume,
Special Rapporteur on contemporary forms of racism, published a report on emerging digital
technologies in 202092 and Philip Alston, then Special Rapporteur on extreme poverty and human
rights, published one on digital welfare states in 2019.93 The breadth of these studies reveals the
multidimensional nature of digital rights, and the increasing focus of the human rights community
on the significant implications of digital technologies.
Internet Shutdowns Have Been Recognized as Violations Not only of the Right to Free
Expression but Numerous Other Rights
Internet shutdowns impact both the virtual and physical dimensions of digital rights. Half of the
global population is now connected to the internet,94 and use it as a tool to communicate with
others and to access information. In the digital dimension, the primary human rights implications
of an internet shutdown are constraints on free expression and access to information, as citizens-and often crucially, journalists--lose the ability to upload material, and to find sometimes lifegiving information, such as troop movements during a conflict.95
There is growing consensus that internet shutdowns violate the right to free expression: the Human
Rights Council has condemned measures by states such as internet shutdowns “that prevent or
disrupt an individual’s ability to seek, receive or impart information online.” 96 Moreover, the
Human Rights Committee’s General comment no. 34 asserted that “generic bans on the operation
of certain [internet-based] sites and systems” are not compatible with states’ obligations to protect
the right of free expression.97
In fact, it has been recognized that such bans generally violate international human rights
standards protecting freedom of expression. Article 19 (3) of the International Covenant on Civil
and Political Rights (ICCPR) outlines that any state seeking to limit expression must meet a three91
“Special Rapporteur on the promotion and protection of freedom of opinion and expression,” Office of
the United Nations High Commissioner for Human Rights,
https://www.ohchr.org/en/issues/freedomopinion/pages/opinionindex.aspx.
92
E. Tendayi Achiume, U.N. Special Rapporteur on Contemporary Forms of Racism, Racial
discrimination and emerging digital technologies, U.N. Doc. A/HRC/44/57 (2020).
93
Philip Allston, U.N. Special Rapporteur on Extreme Poverty and Human Rights, Digital welfare states
and human rights, U.N. Doc. A/74/493 (2019).
94
According to World Bank data, in 2017 49% of the global population was connected to the internet,
and the number was rising sharply year over year. “Individuals using the internet (% of population),”
World Bank Group, https://data.worldbank.org/indicator/IT.NET.USER.ZS.
95
United Nations General Assembly, International Covenant on Civil and Political Rights, December 16,
1966, United Nations, Treaty Series, vol. 999, p. 171,
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx, Article 19.
96
97
United Nations Human Rights Council, Resolution adopted.
United Nations Human Rights Committe, General comment No. 34.
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