Using Strategic Litigation to Challenge Internet Shutdowns – Challenges and Successes (FIFAfrica21)

Using Strategic Litigation to Challenge Internet Shutdowns – Challenges and Successes (FIFAfrica21)

Reports of internet shutdowns and social media blocking are increasing in Africa and governments are becoming more sophisticated in their approaches. As more courts hand down decisions, this panel at #FIFAfrica21 examine how that jurisprudence can be used to counter this. The panel focuses on challenges and opportunities for litigators when trying to achieve positive judgments in Africa.

The panellists discuss challenging internet shutdowns within domestic courts and regional mechanisms in Africa and outline their experiences of strategic litigation in the context of internet shutdowns and social media blocking. This includes discussing recent applications to ECOWAS challenging the shutdown in Guinea and the Twitter ban in Nigeria.

Emerging Trend: Intermediary Liability

The rise of the ‘big tech giants’ has occasioned dramatic changes in the global information eco-system, including the ways in which people access news and public information, and how the news media generates income and connects with their audiences. It has also created complications with how illegal or rights-violating content, such as hate speech, is dealt with.

Emerging Trend: Surveillance & Encryption

In the digital world, in which our communications increasingly occur online or through digital channels and where we leave an ever-growing trail of data in the wake of so many of our daily activities, digital surveillance is a growing trend and a potential threat to freedom of expression and privacy.

Emerging Trend: Internet Shutdowns

An internet shutdown is an intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information. A shutdown arises when someone, be it the government or a private sector actor, intentionally disrupts the internet, a telecommunications network or an internet service, arguably to control or curb what people say or do.