The role of digital access providers 2017, para. 10
Paragraph- Paragraph text
- Shutdowns ordered pursuant to vaguely formulated laws and regulations also fail to satisfy the legality requirement. In Tajikistan, the amended Law on the State of Emergency authorizes the Government to block mobile services and Internet access without a court order following the declaration of a state of emergency. The law fails to define when and for what purposes a state of emergency may be declared. Such ambiguity enables authorities’ unfettered discretion to implement shutdowns. In some countries, authorities rely on antiquated laws to justify shutdowns. Laws and regulations adopted and implemented in secret also violate the legality requirement. In the United States of America, the National Coordinating Center for Telecommunications has largely redacted public release of standard operating procedure 303, an executive regulation that establishes “detailed procedures” on the “disruption of cellular service.” While these procedures have not been publicly invoked, the potential for authorities to evade legal scrutiny and public accountability runs contrary to article 19 of the Covenant.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 10
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