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18 Mar 2024

Sudan : Consumer Protection Organisation files a lawsuit against telecoms companies to restore internet

Another win for litigants against internet disruptions came on November 11, 2021, when the general court of Khartoum ordered ISPs to restore internet services to all subscribers in response to a lawsuit raised by the Sudanese Consumer Protection Organisation. On the same day, the Telecommunication and Post Regulatory Authority (TPRA) insisted on maintaining the shutdown despite the court order, citing “national security” and a “State of Emergency” as justification. The authority argued that it was necessary to maintain the shutdown as ordered by “the higher leadership”, provided the state of emergency and threats to national security persisted.

The TPRA decision declining to restore internet connectivity cited article 6(j) and article 7(1) and article 7(2)(a) of the law of TPRA of 2018. Article 6(j) provides that one of TPRA’s mandate is “protecting the national security and the higher interests of Sudan in the field of Telecommunication, Post and ICT”. Articles 7(1) and 7(2)(a) state that among the powers of the TPRA is to protect the state’s obligations and requirements in the field of national security and defence, and national, regional and international policies, in coordination with the competent authorities and licensees.

The judge dismissed that argument and issued an arrest warrant for the chief executive officers of the telecom companies for not restoring internet access. On November 18, 2021, the telecom companies restored internet access for all subscribers. The various restoration orders and arrest warrants bring to four the key decisions taken by courts in Sudan that held the regulator, ISPs and the government to account. Further, unlike to other cases, in Sudan the court issued orders during the disruption and brought it to an end.