By Simone Toussi |
On May 14, 2025, the Economic Community of West African States (ECOWAS) Court of Justice issued a landmark judgment in the case ‘Association of Information and Communication Technology Users (ASUTIC) and Ndiaga Gueye against Republic of Senegal’, declaring that Senegal’s internet and social media shutdowns in June and July 2023 were clear violations of fundamental human rights, including freedom of expression, right to access information, right to assembly and the right to work.
The court’s unequivocal stance reaffirms that digital access is integral to the exercise of basic freedoms. Building on the landmark 2020 ECOWAS ruling – which condemned internet shutdowns during anti-government protests and ordered Togo to pay a fine – this new decision could have far-reaching implications for Francophone Africa, where digital repression has been steadily increasing.
Internet shutdowns, often invoked as a security measure during times of public protest and unrest, do not occur in isolation. In the case of Senegal, the network disruptions of 2023 were repeated in early February 2024, when mobile data was blocked nationwide following the postponement of the presidential election. This marked the country’s third disruption in less than 12 months, underscoring a pattern of digital repression.
Since 2017, when Cameroon imposed one of the longest internet shutdowns on record during political unrest, Francophone African countries have often resorted to digital blackouts to manage electoral tensions and suppress dissent. This pattern has shown no signs of abating. In 2023 alone, Mauritania cut mobile internet for nearly a week during protests in May and June; Guinea blocked access to Facebook, WhatsApp, Instagram, and TikTok in May ahead of nationwide demonstrations; and Gabon enforced an 87-hour internet shutdown during its August presidential elections, crippling communication at the height of an electoral crisis.
The trend persisted into 2024 which on January 17 saw Comoros disrupting internet access following violent protests after President Azali Assoumani’s re-election. Mauritania once again restricted mobile internet for 22 days starting July 2 after the June 29 presidential elections and subsequent protests disputing the results. Mozambique followed suit with mobile internet disruptions on October 25, with intermittent blackouts and renewed social media restrictions thereafter.
These successive shutdowns, particularly in electoral contexts, reflect a deepening erosion of digital rights, a weakening of democratic institutions, and underscore the urgent need for stronger regional and legal safeguards to prevent state overreach and protect democratic expression online. With key elections approaching in countries such as Côte d’Ivoire (October 2025), Cameroon (October 2025), and Guinea (December 2025), the risk of politically motivated internet shutdowns remains acute. The weaponisation of connectivity restrictions could show up again as a normalised tool of authoritarian control, undermining transparency and civic participation across the region. The Court’s directive that Senegal should “refrain from imposing unlawful or arbitrary internet restrictions in the future” sets a binding legal standard for the ECOWAS countries, arming digital rights defenders with legal background and legitimacy to ask for government’s accountability in a context where regional enforcement mechanisms are often weak.
Internet shutdowns have been shown to cost countries millions in lost productivity, investor confidence, and digital service disruption. The ECOWAS Court’s acknowledgment of this economic dimension strengthens the case for proactive policy reforms at both national and regional levels. By explicitly linking internet access to freedom of expression and “the right to work”, the ECOWAS Court positions digital rights within the broader framework of socio-economic and civic rights, thus offering legitimacy to civil society and legal advocates’ appeals on future shutdowns not only on civil liberties grounds, but also for their economic impact.
As internet access becomes more central to democratic participation, economic livelihoods, and civil discourse, this decision marks a watershed moment that could significantly shift the digital governance landscape across the region.
However, the impact of this decision will depend on its effective implementation. Governments, civil society, digital rights defenders, legal actors and regional institutions shall ensure that the Court’s recommendations translate into enforceable policy changes, including national legislation that explicitly prohibits arbitrary internet restrictions. They shall be ready to leverage this ruling to ensure that Francophone countries in the region and beyond adopt or draw inspiration from it to better safeguard human rights.





