IGF 2024 Lightning Talk #37 Strategic litigation as a tool to combat internet shutdowns

    Eurasian Digital Foundation
    Moldir Utegenova, project manager at international center for journalism "MediaNet", Access Now Fellow - civil society.

    Diana Okremova, director at “Legal Media Center” PF - civil society.

    Ruslan Daiyrbekov, chairman of the Eurasian Digital Foundation - civil society.

    Yelzhan Kabyshev, head of the Eurasian Digital Foundation legal practice - civil society.

    Vadim Melyakov, project manager of the Eurasian Digital Foundation - civil society.

    Speakers

    Moldir Utegenova, project manager at international center for journalism "MediaNet", Access Now Fellow - civil society

    Diana Okremova, director at “Legal Media Center” PF - civil society

    Ruslan Daiyrbekov, chairman of the Eurasian Digital Foundation - civil society.

    Yelzhan Kabyshev, head of the Eurasian Digital Foundation legal practice - civil society.

    Onsite Moderator

    Vadim Melyakov, project manager of the Eurasian Digital Foundation

    Rapporteur

    Moldir Utegenova

    SDGs

    16.10
    16.3
    16.b


    Targets: Internet shutdowns can impede access to information and communication, affecting individuals' rights and freedoms. By challenging these shutdowns through legal means, the proposal aims to uphold the rule of law and ensure that individuals have avenues to seek justice when their rights are infringed upon. Internet shutdowns can undermine public access to information and infringe upon fundamental freedoms such as freedom of expression and access to information. Combatting these shutdowns through strategic litigation seeks to protect these freedoms and ensure that individuals can freely access and disseminate information, aligning with the spirit of SDG 16.10. The proposal also supports SDG 16.b by advocating for non-discriminatory laws and policies regarding internet access and communication. Internet shutdowns can disproportionately affect certain groups or regions, leading to unequal access to information and services.

    Format

    Presentation, brief topic coverage by speakers, Q/A session at the end.

    Duration (minutes)
    30
    Description

    Our primary goal is to shed light on the vital role strategic litigation plays in safeguarding digital rights, combating internet shutdowns and online censorship. Specifically, we will be focusing on the context of Kazakhstan (January 2022 total internet-shutdown) and our experience as members of Coalition of human rights organizations (shutdown.kz) in strategic litigation so far.

    In early March 2024, a Coalition of human rights organizations filed claims regarding violations of the rights of subscribers of communication services due to Internet shutdowns during the January events of 2022.

    The claims were filed as part of a campaign against Internet shutdowns and sent to the district courts of Almaty with a demand to recognize the actions of the Defendants represented by local telecom operators, which actions led to the internet-shutdown, violating the rights of the Plaintiffs - consumers of communication services.

    In the broader context of IGF 2024 Theme “Advancing human rights and inclusion in the digital age”, the session plays a pivotal role. By exploring the legal strategies used to challenge internet shutdowns and censorship, this session underscores the fundamental importance of preserving online freedoms and promoting inclusivity.

    Through a combination of insightful presentations, case studies, and discussion, our session will delve into the impact of internet shutdowns and strategic litigation as a tool to combat such severe violations of human rights.

    Background information about January shutdown in Kazakhstan: https://drfl.kz/shutdown2022/en
    Website of campaign against internet-shutdowns in Kazakhstan: https://shutdown.kz/
    Qazaqstan IGF session on internet access during times of crisis and emergencies: https://digitalrights.asia/events/internet-access-in-times-of-crisis-an…

    1. The moderator will be the link between online and offline participants. If questions arise online, the moderator will interact with the speakers onsite. 2. First moderator would introduce the theme and speakers of the lightning talk, then moderator would give the floor to speakers, letting them briefly cover the topics of the session. Each speaker would also demonstrate their presentations on the screen for both online and onsite participants. Considering the time limit moderator would coordinate speakers timewise. By the time each speaker finishes, the moderator will then let online participants ask their questions and will address each question to the speaker. Finally, the moderator would let people onsite ask their questions and then say final remarks and close the lightning talk session. 3.We will need: - ZOOM application to share presentation with participants; - presentation projector; - clicker; - microphone.