is a victim and as such has the locus standi to bring this action in her own right.
The Court so holds that the Eighth Applicant possesses locus standi.
I. ISSUE 3: Whether the Applicants rights to freedom of expression has been
violated by the Respondent
37. Before analyzing this question of whether the Respondent violated the Applicants
right to freedom of expression, the Court finds it imperative to firstly determine
whether access to internet is within the contemplation of violation to right to
freedom of expression.
38. Access to internet is not stricto senso a fundamental human right but since internet
service provides a platform to enhance the exercise of freedom of expression, it
then becomes a derivative right that it is a component to the exercise of the right
to freedom of expression. It is a vehicle that provides a platform that will enhance
the enjoyment of the right to freedom of expression. Right to internet access is
closely linked to the right of freedom of speech which can be seen to encompass
freedom of expression as well. Since access to internet is complementary to the
enjoyment of the right to freedom of expression, it is necessary that access to
internet and the right to freedom of expression be deemed to be an integral part of
human right that requires protection by law and makes its violation actionable. In
this regards, access to internet being a derivative right and at the same time
component part of each other, should be jointly treated as an element of human
right to which states are under obligation to provide protection for in accordance
with the law just in the same way as the right to freedom of expression is protected.
Against this background, access to internet should be seen as a right that requires
protection of the law and any interference with it has to be provided for by the law
specifying the grounds for such interference.
39. Having determined that access to internet is a right within the context of the right
to freedom of expression, the Court will now proceed to address the question as
to whether the shutting down of access to internet by the Respondent violated the
Applicants’ right to freedom of expression.
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