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Nairobi Law MonthlyNairobi Law Monthly
Home»Special Reports»Internet shutdowns threaten democracy
Special Reports

Internet shutdowns threaten democracy

NLM CorrespondentBy NLM CorrespondentSeptember 5, 2020Updated:September 5, 2020No Comments4 Mins Read
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By Antony Mutunga

In recent times, the number of governments depending on Internet shutdowns to control protests or violence between communities has been on the rise. According to the #KeepItOn report on Internet shutdowns in 2019 published by AccessNow, the number of internet shutdowns across the world have increased from a total of 75 cases in 2016 to 213 in 2019. Internet shutdowns are basically intentional disruptions on the internet and mobile applications making them inaccessible or effectively unusable for a particular group of people or region.

The Nairobi Law Monthly September Edition

With the increase expected to continue, Asia and Africa remain the most affected in the world, despite the fact that the two regions could be far apart in terms of what actually causes the shutdowns. For the region in the East, internet shutdowns are at an all time high as governments use it to control threats, real or fictional to suit their agendas. Many governments couch the shutdowns under terrorism and internal conflicts as their motivation.

The longest Internet restriction which has been experienced in Myanmar for over a year since June 2019. It has caused an information freeze in the area which has resulted in businesses reporting losses and the economy slowing down. Also, the shutdown has affected the COVID-19 response as well as kept the citizens in the dark over the pandemic.

On the other hand, in Africa the growing internet shutdowns have mostly affected entire countries as compared to Asia, where the shutdowns or restrictions were on targeted areas. According to AccessNow, the number of shutdowns have increased from 17 in 2018 to 25 in 2019.

Africa has witnessed a number of shutdowns being imposed as a result of civil unrest and dissent such as the case of Sudan, whereby protests, which led to the removal of Omar Al-Bashir from the power seat, were not dying out. Another case is that of Ethiopia, where a shutdown was imposed due to massive demonstrations following the killing of a prominent individual from the Oromo tribe. The demonstrations had claimed the lives of over 200 citizens leaving tens of thousands displaced.

Shutdowns trample on the human rights of those it is imposed to, as they violate the freedom of expression and access to information. Inevitably, the longer the shutdowns are imposed, the longer the negative effect they have on the economy as businesses, especially online businesses, which rely on the internet, greatly suffer.

A silver lining with the shutdowns is that they demonstrate that governments understand the vital role the Internet has in governance. The need to block social media platforms shows that it is considered as a powerful tool to gather citizens for common purpose. For instance, in Uganda, the government imposed taxes and mandated licences on online platforms. A daily social media levy was put up on popular services such as Facebook and WhatsApp that caused many to stop using it frequently.
With internet shutdowns on an upward trend, it is important for ICT policies to be put up to protect the rights of online users. In some countries, court orders have ruled internet shutdowns as unlawful and this is a step in the right way.

Two examples illustrate this. One is Zimbabwe, where in January 2019 the High Court ruled that the government went beyond its powers in ordering an internet shutdown during a nationwide protest.

As well, in June 2020, the Court of Justice for the Economic Community of West African States (ECOWAS) ruled against the Togolese government’s internet shutdown in 2017. The court stated that the government had violated the rights of citizens who were protesting for constitutional reforms in the country.

To bolster such efforts, the private sector, particularly internet service providers, need to be recognized as important actors. Another important player is civil society. A partnership between the two could provide both with a stronger role against shutdowns.

State and non-state actors need to commit to a standardised set of rules on key thematic areas of digital rights in Africa that involves all stakeholders, including private businesses and civil society.

Digital access is crucial and thus human rights online should be protected so as to preserve the internet as an enabling space and tool for Africans to help them better their lives.

The Nairobi Law Monthly September Edition

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