Internet Access Amid Darkness and Lives Amid Threats
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carefully tailored. It should only limit freedom of expression to the extent necessary to
prevent harm to a specific national security interest.11
Internet shutdowns can never meet these standards and are always improper under international
law.12 If the shutdown occurs without a proper legal basis, such as by an arbitrary order, it is
automatically improper under part one of the test. Similarly, if it is for an improper purpose
(such as silencing political opposition) it cannot meet part two of the test. However, even if a
shutdown is legally authorised and for a proper purpose, it will never be able to meet the third
part of the three-part test. Cutting internet access entirely is always an unnecessary and
disproportionate measure, even in response to a legitimate public safety or security concern.
In summary, Internet shutdowns violate international human rights law. They are not
permissible under protections for freedom of expression and access to information. They also
negatively impact other rights, including social, economic, and cultural rights. Actions which
are not technically a full shutdown but mimic their impacts, such as widespread blocking of
popular websites and platforms, also are not acceptable under international human rights law.
11
Human Rights Committee, General Comment No. 34, Article 19: Freedoms of opinion and expression, 12
September 2011, para. 34, undocs.org/CCPR/C/GC/34.
12
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression, 30 March 2017, paras. 9-14, undocs.org/A/HRC/35/22.
3