Association des Blogueurs de Guinee v. Guinea

Facts 
In October 2020, during Guinea’s presidential elections, the government restricted internet and social media access nationwide. Between October 18–27, there was limited to no internet, and from October 27 until December, Facebook was completely blocked. The applicants, Guinean NGOs advocating for human rights and media freedom, filed a case before the ECOWAS (Economic Community of West African States) Community Court of Justice on July 22, 2021. They argued that these disruptions hampered their work and deprived the public of vital information, including election-related updates. The applicants claimed the shutdown violated the rights to freedom of expression and access to information protected under the African Charter on Human and Peoples’ Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR), and the Revised ECOWAS Treaty. 

Question 

Did Guinea’s restriction of internet and social media access violate the rights to freedom of expression and access to information under regional and international human rights standards? 

Decision 
The ECOWAS Court, led by Justice Gberi-be Ouattara, held that Guinea’s measures violated Articles 9(1) and (2) of the ACHPR (which grant every individual the right to receive information and to express and disseminate their opinions, respectively, as long as it is within the bounds of the law) and Article 19 of the ICCPR (which guarantees the absolute right to hold opinions and the right to freedom of expression, which can only be legally restricted when necessary to protect public order, health, morals, security, or the rights and reputations of others). The Court failed to demonstrate that the restrictions served a legitimate aim. The Court declared the restrictions unlawful, ordered Guinea to adopt safeguards to prevent future violations, and emphasized that broad internet shutdowns are incompatible with human rights protections. This landmark decision reinforced the importance of digital rights and set a precedent against blanket internet bans.