Re: Internet Shutdown - Togo

From: Ish Sookun <ish_at_lsl.digital>
Date: Mon, 11 Sep 2017 19:58:58 +0400


Hi Rishikesh,

On 09/10/2017 11:49 PM, RISHIKESH BHOLAH wrote:
>
> 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?

Section 18(m) of the Information and Communication Technologies Act 2001
of Mauritius states:

    « The Authority shall take steps to regulate or curtail the harmful
      and illegal content on the Internet and other information and
      communication services. »

Section 3(b) of the Constitution of Mauritius protects the following right:

    « freedom of conscience, of expression, of assembly and association
      and freedom to establish school »

It is up to a court of law to decide whether a content is deemed harmful
and cannot be considered as free expression. When you cited the incident
of Facebook censorship in Mauritius, the local authority did not turn
towards a court to obtain the "censorship" order. I do not know of
anyone who challenged a censorship incident as suppression of free
speech at the level of Mauritian courts.

Few months ago a policy proposal was made within the AFRINIC community
to address internet shutdowns & censorship. What are your thoughts on
https://lists.afrinic.net/pipermail/rpd/2017/006735.html?

Regards,

Ish Sookun
Received on Mon Sep 11 2017 - 16:00:24 PST

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