Internet disruptions continue to be registered across Africa, despite efforts by local and international actors to demonstrate to telecommunications regulators and governments that it is counterproductive to human rights, the economy and democracy to disrupt digital communication networks.

In 2021, up to 12 African countries experienced state-ordered internet disruptions. These included Burkina Faso (November), Chad (February), Republic of Congo (March), eSwatini (June), Ethiopia (various), Niger (February), Nigeria (June), Senegal (March), South Sudan (August), Sudan (June and October), Uganda (January), and Zambia (August).

As internet disruptions have become more prevalent on the continent, strategic litigation against governments that order themand intermediaries, such as telecom operators and internet service providers (ISPs), that effect them, has gained recognition as a push back tool. Strategic litigation can lead to significant legal precedents by publicly uncovering inequalities and highlighting human rights violations, raising awareness, and bringing about reforms in legislation, policy, and practice...

A notable progressive decision was the June 2020 ruling by the court of justice of the Economic Community of West African States (ECOWAS), which held that an internet shutdown ordered by the Togolese government during protests in 2017 was unlawful and violated the applicant’s right to freedom of expression. The court also ordered the Togolese government to pay two million CFA francs (USD 3,400) compensation to the applicants for the violation of their rights...

Perhaps more than any other African country, Sudan has made legal precedents arising from litigation against disruptions. Of note too, is that Sudan is only perhaps rivalled by Ethiopia in the number of shutdowns it has experienced in the last three years. Since 2019, the north African country has experienced six internet disruptions.

Former president Omar al-Bashir’s regime initiated internet disruptions during public protests calling for his overthrow, but the government that succeeded him has been more prolific in utilising shutdowns in response to criticism and protests. The longest disruption was recorded in 2019 and lasted 37 days, during which the country lost an estimated USD 1.9 billion. Over 100 protesters were reportedly killed during the time the shutdown was initiated. The latest shutdown started on October 25, 2021 and lasted 25 days. It was instituted after the military declared a state of emergency in the country and seized control of the government. The shutdown was ended by a court order.

The 2019 and 2021 disruptions were both challenged in court. In June 2019, Sudanese lawyer Abdelazim Hassan lodged a lawsuit against the internet shutdown that had been instituted earlier that month. Within two weeks of filing the case, court on June 23 ordered his service provider, Zain, to restore his internet service, which the ISP promptly did. However, service was only restored for the litigant’s SIM card, with the block on access maintained for the rest of Zain’s customers. This was because Hassan had filed the case in a personal capacity as a Zain customer.

Hassan then launched a class action suit, and on July 9, 2019 the court ordered MTN, Sudani and Zain to restore services for all their customers. The telecom providers complied promptly. In September 2019, court ordered Sudani and MTN to apologise to customers for disrupting access to their networks at the behest of the military authorities in June of that year...