East African Law Society v. AG Uganda, and the Secretary General of the East African Community
Last Case Update
This case addresses a shutdown orchestrated by the Ugandan government during the general elections in January 2021, during which its citizens’ rights to access information and free speech, among others, were violated when all access to the internet – including social media platforms – was blocked throughout the country.
In Uganda, an internet shutdown took place during the electoral period in January 2021, only a few days before polling day, which indicates that the goal was to ensure that electoral malpractices were not shared in real time, as well as to suppress any protests the opposition could have planned for the date. Soon after elections happened and winners were declared, the internet was restored. Regarding the election results, President Museveni was declared the winner, thus starting his sixth term in office.
The shutdown was implemented by three companies until January 18, 2021, and during this period all internet services were nonfunctional in Uganda. While the internet services were re-established following this seven-day suspension, social media remained accessible only to Ugandans with Virtual Private Networks (VPN). Between January 9 and 12, 2021, Mobile Telephone Network (MTN) Uganda and AirTell Uganda blocked Google Play and App Store in the country. Moreover, Facebook videos did not play or download on the devices using the aforementioned services, as well as Africell Uganda. Eventually Twitter, WhatsApp, Telegram and Instagram were also blocked. On January 12, 2021, the government of Uganda and the country’s Communications Commission instructed the companies – which are internet providers – to suspend any access and use of all messaging apps and social media platforms until further notice, effectively blocking the population from having internet access. UCC also ordered the blocking of over 100 VPNs to ensure zero access, even by circumventing the internet shutdown.
Even those who had paid the Over-The-Top (OTT) tax for the week between January 12 and 18, 2021 were denied access to social media. This tax, popularly known as the “social media tax”, was implemented in 2018 and required that Ugandans paid 200 Ugandan Shillings (UGX), the equivalent of around 0.05 US dollars, to access social media platforms such as Facebook, Twitter and WhatsApp.
During an address to the nation on January 12, 2021, the President of Uganda stated that he had ordered a shutdown of the internet in the entire country ahead of the Presidential and Parliamentary elections.
The January 2021 internet shutdown had a massively negative impact on the Ugandan population. Individuals whose work depends on having internet access were kept from their activities, for instance online bloggers – even those who are not necessarily engaged in politics – online publishers, small and large businesses, providers in the education, goods, and other fields. Furthermore, the ordinary citizens who depend on the internet for news, research and communication had their rights violated and were unlawfully censored by this arbitrary decision. Many citizens also lost money in unused taxes and payments for access to social media, which were inaccessible due to the internet shutdown.
In March 2021, the East African Law Society (EALS), a regional human rights body, took up the case to the East African Court of Justice. In its petition, EALS argues that Uganda’s acts of blocking access to internet-based social media platforms and online messaging application including Facebook, Twitter, WhatsApp, Instagram, and others, in addition to the online mobile application stores, Google Play Store and App Store, and further ordering the blocking of access to over 100 Virtual Private Networks (VPN) barring any attempts to circumvent the aforementioned internet censorship, were in breach of Articles 6(d), 7(2), and 8(1)(c) of the Establishment of the East African Community Treaty. Furthermore, EALS also alleges that the East African Community (EAC) failed to investigate and submit its findings to the Republic of Uganda in the context of the restrictions, which constitutes an abdication of its duty under Article 29 of the Treaty. This case is still pending before the East African Court of Justice.
From 2018 until 2021, Uganda had the Over-The-Top (OTT) tax, popularly known as the “social media tax.” This measure was heavily criticized by civil society and the public, who saw the tax as an attempt to curb free speech and access to information. After three years, in 2021 the OTT was abandoned by the Ugandan government, which promptly implemented a 12% tax on internet data as part of the Excise Duty (Amendment) Act 2021, which could still prove to be as harmful to the population as its predecessor.
While the 2022 Freedom on the Net report by Freedom House did not record restrictions on connectivity during the period it addressed, it noted that during the previous coverage Uganda faced an aggressive internet shutdown in January 2021 prior to the general elections. The blockage on social media platforms and communication apps represented a violation of several rights, including freedom of press and speech, as well as access to information.
- Business & Human Rights Resource Centre, Uganda shuts down internet ahead of general election (13 January 2021)
- BBC, Uganda election: Internet restored but social media blocked (18 January 2021)