The ECOWAS Court of Justice has ruled that the Senegalese government’s decision to shut down internet and social media services between June and July 2023 was unlawful and infringed upon citizens’ rights to freedom of expression and access to information.
The shutdown, implemented by the Ministries of the Interior and Communication, included the blocking of mobile data and major social media platforms without a clear legal justification.
The Republic of Senegal had defended the move, citing concerns over national security and public order, arguing that allegedly subversive content was being disseminated during a period of heightened unrest.
The shutdown came in the wake of nationwide protests sparked by the conviction of opposition leader Mr Ousmane Sonko. In response, the Association des Utilisateurs des Technologies de l’Information et de la Communication (ASUTIC), along with its president, Mr Ndiaga Gueye, brought a case against the government, seeking redress for the impact of the decision.
The applicants, in the suit marked ECW/CCJ/APP/37/23, argued that the shutdown violated several fundamental rights, including the freedoms of expression, information, assembly, and the right to work.
Delivering judgment, a three-member panel of the Court presided over by Vice President Justice Sengu Koroma, with the lead judgment read by Justice Edward Asante, held that the internet blackout was unlawful.
The Court stated that “access to the internet and social media is an essential derivative of the right to freedom of expression and information,” and concluded that the government’s actions constituted a violation of the applicants’ rights.
It further ruled that Senegal’s decision lacked a clear legal basis and failed to meet the standards of legitimacy and proportionality.
Also Read: ECOWAS Parliament Urges Mali, Burkina Faso, Niger to Reconsider Withdrawal
Accordingly, the Court found the shutdown in breach of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).
Additionally, the Court upheld Mr Gueye’s claim that the blackout negatively impacted his professional work as an IT consultant, constituting a breach of his right to work under Article 15 of the African Charter and Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
The Court awarded 250,000 CFA francs each to ASUTIC and Mr Gueye as compensation for the violation of their rights to freedom of expression and information. Mr Gueye was also awarded an additional 250,000 CFA francs for the infringement of his right to work.
Finally, the Court ordered the Republic of Senegal to refrain from imposing unlawful or arbitrary internet restrictions in the future.
