Re: Internet Shutdown - Togo

From: RISHIKESH BHOLAH <rishikesh.bholah_at_umail.uom.ac.mu>
Date: Sun, 10 Sep 2017 23:49:32 +0400


Hello Chittesh,

On Sun, Sep 10, 2017 at 10:21 PM, CHITTESH SHAM <
chittesh.sham_at_umail.uom.ac.mu> wrote:
>
>
> >I got inspired by Ish’s blogpost [5] to use this as a case study and
> apply it in the Mauritian context. Are there laws that would prevent
> citizens’ internet access in case of situations such as the one in >Togo?
>
> >[5] https://hacklog.mu/internet-shutdown-in-togo/
>

As per my knowledge there are no laws that would prevent a Mauritian from
accessing the internet, however there is an internet censorship law.
Section 18(m) of the ICT Act gives ICTA the power to regulate or curtail
the harmful and illegal content on the Internet and other information and
communication services. [1] ICTA, in 2007, issued a nationwide ban on
Facebook as per order of the Prime Minister. [2]

Grounds on which Facebook was banned, can be seen as illegal but it can
also be categorized as harmful depending on how ‘harmful’ is defined and
the degree of it. For example, if an average person gets impersonated on
Facebook, it’s not ‘harmful’ as such but if the PM gets impersonated, there
may be major consequences.

Considering the same above reasoning, if a popular person with a
significant fan-base, voices out his opinion towards the current government
(can be considered harmful). ICTA can issue an Internet censorship as it
appears within the ICT Act but also to mention, this is strongly in
contradiction with the freedom of expression from the constitution [3]
which could lead the former to be void. I would like to know the opinion of
you folks on this matter? And also should the term 'harmful' be interpreted
so as to limit the power of the ICTA on such matters?



[1] https://www.icta.mu/docs/laws/ict_act.pdf
[2]
https://www.lexpress.mu/article/maurice-censure-le-site-communautaire-%C2%ABfacebook%C2%BB
[3]
http://attorneygeneral.govmu.org/English/Documents/Constitution/THE%20CONSTITUTION,%20GN%2054%20of%201968.pdf

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Received on Sun Sep 10 2017 - 19:49:54 PST

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