You’re not connected Internet Access Amid Darkness and Lives Amid Threats credible information, the COVID19 cases surged in the two ethnic minority States during the second wave of the pandemic 6 while the residents experienced socio-economic problems and academic studies in their daily lives. 7 (1.3) International Standards on Internet Shutdown An Internet shutdown occurs when a government disrupts Internet services in order to prevent its people from accessing the Internet. Full Internet shutdowns include blackouts, where a population entirely loses Internet access. Other tactics, while technically only partially shutting down the Internet, can still substantially cut Internet access. For example, a government can order a service provider to slow a connection so much that most websites cannot load. Or it can halt mobile data services, effectively blocking the Internet for those who only access the Internet via their phones. Governments may also interfere with the Internet in other ways, such as by blocking access to specific websites. When government blocks are sweeping, such as by creating an extensive “blacklist” of prohibited sites or blocking popular sites such as social media, the impact may be similar to an Internet shutdown. In practice, governments often use a mix of tactics to restrict Internet access, alternating full blackouts with other restrictions. 8 Regardless of the technical tool or method used, any interference which substantially prevents persons from accessing the Internet raises similar concerns under international human rights law. The right to freedom of expression, which is protected under human rights law, also includes the right to access information. In the modern era, this includes a right to access the Internet, which is indispensable for receiving and sharing information in today’s society. 9 Governments may restrict freedom of expression and access to information, but only according to a precise three-part test. 10 Under this test, any restriction on freedom of expression must: 1) be provided for by law 2) seek to protect national security, public order, public health or morals, or the rights or reputations of others 3) be necessary to protect one of those interests and constitute a proportionate response. This means that if the claimed interest is national security, for example, the government cannot generically reference national security concerns. Instead, the restriction must be 6 “A Study on the access to information and digital rights”. (December 2020). Athan. ibid Steven Feldstein, “Government Internet Shutdowns are Changing. How Should Citizens and Democracies Respond?, Carnegie Endowment for International Peace, 31 March 2022, https://carnegieendowment.org/2022/03/31/government-internet-shutdowns-are-changing.-how-should-citizensand-democracies-respond-pub-86687. 9 See, for example, United Nations Human Rights Council, Resolution 44/12, adopted 16 July 2020, para. 8(h)(iii), http://undocs.org/A/HRC/RES/44/12. 10 International Covenant on Civil and Political Rights, Article 19; Convention on the Rights of the Child, Article 13. 7 8 2