Dakar, February 13 2024 

AfricTivistes and Senegalese journalists, Moussa Ngom and Ayoba Faye, have petitioned the ECOWAS Court of Justice (ECOWAS Court). challenging the Senegalese authorities’ shutdown of the Internet in June, July and August 2023. 

The action was filed in collaboration with Media Defence and Stanford Law School’s Rule of Law Impact Lab in response to Senegal’s Internet restrictions. These blackouts on mobile internet data violate the rights to freedom of expression and the right of journalists to operate, while significantly undermining freedom of the press and freedom of expression in Senegal.

In response to widespread demonstrations protesting the conviction of Senegalese opposition leader Ousmane Sonko, the Senegalese government implemented a comprehensive shutdown of major social media platforms from 1 June until 8 June. From 4 June to 7 June, mobile internet services were entirely suspended in various regions, leaving many, including the applicants, unable to connect to the Internet. In response to further protests against Sonko’s second arrest, the Senegalese government again restricted the Internet from 31 July to 7 August, limiting access daily from 8am to 2am. Although mobile data was eventually reinstated on 7 August, TikTok, which had been restricted on 2 August, remained inaccessible without the use of a virtual private network (VPN). 

The lawsuit was filed on 31 January, 2024, shortly before President Macky Sall announced the annulment on 3 February of the decree convening the electoral body which scheduled the presidential election on 25 February. On 4 February, Senegal’s Minister of Communication announced new measures to restrict mobile Internet access for security reasons, though 97% of Internet users depend on it, according to a report by the Autorité de Régulation des Télécommunications et des Postes.

On 4 February, Senegal’s Minister of Communication announced new measures to restrict mobile Internet access for security reasons for three days, despite the fact that 97% of Internet users use this connection method, according to a report by the Autorité de Régulation des Télécommunications et des Postes (Telecommunications and Postal Regulatory Authority). On 13 February, the government once again suspended mobile data internet “according to certain time slots” that were not communicated to the public.

In Senegal, many rely on social media for news. During these critical political events, those who typically depend on the Internet for information are left  in the dark. Moreover, amid the violent repression of some of the protests, blocking the Internet prevented the sharing of important details about safe areas and how to contact emergency services.

“AfricTivistes stands firm against internet shutdowns as they not only infringe upon the fundamental rights of citizens but also pose a direct threat to democracy and human rights. The case filed at the ECOWAS Court challenges Senegal’s actions, emphasising the detrimental impact on freedom of expression, media freedom, and the right to work. During political unrest, access to information is crucial, and internet shutdowns only worsens the situation, hindering the flow of vital news and endangering the safety of citizens. We believe in an open and connected Africa, where the right to express, share, and access information is safeguarded for the greater good of society,” said Cheikh Fall, president of AfricTivistes.

The case seeks interim measures to shield the Senegalese public from further shutdowns ahead of the presidential election scheduled for 25 February 2024, which has now been postponed. Internet shutdowns before and during the election period would prevent the sharing of information about candidates and the election. Internet shutdowns would also threaten the transparency and integrity of the elections by impacting the independent monitoring of polling station results, since citizen observers often share polling results on social media.

“Access to the Internet is a crucial aspect of the right to freedom of expression, and Senegal has an obligation to protect that right,” said Stanford Law School Professor, Amrit Singh, who is also Executive Director of the Rule of Law Impact Lab. She added: “We call on the ECOWAS court to hold the Senegalese government accountable for violating this right and to issue interim measures to ensure that there is no shutdown before and during the forthcoming elections.”

The ECOWAS Court has previously held that blanket internet shutdowns are unlawful in cases brought by Media Defence against Guinea and Togo. There is a growing trend globally of Internet shutdowns being used by States to limit opposition and disarm dissent. As in this case, these measures often coincide with critical political events, such as elections or protests. It is vital that measures – in line with international human rights standards – are taken to prevent further online restrictions to the free flow of information in Senegal.

The applicants are represented in this case by Djibril Welle, Padraig Hughes, Amrit Singh, and Mojirayo Ogunlana Oluwatoyin.

For more informations, please contact :

For Rule of Law Impact Lab de l’Université de Stanford: Amrit Singh (english): asingh@law.stanford.edu et / ou +1-917-294-2217

For Africtivistes: Cheikh Fall (french, english, wolof) : info@africtivistes.org