Internet restrictions: trends and implications on freedom of expression in Uganda’s rising digital democracy

Abstract

Internet shutdowns and restrictions have become a recurring feature of Uganda‘s political landscape, particularly during electoral periods. This dissertation assesses the legality and sociopolitical justifications for these shutdowns and restrictions. Using a qualitative research design, the study draws on thematic document review, key informant interviews, and comparative legal and policy analysis from Brazil and Kenya. The analysis is grounded in Just Securitization Theory, offering a lens to examine the state‘s framing of shutdowns and restrictions as national security measures. The findings reveal that the government consistently justifies shutdowns and restrictions by invoking national security, public order, and the need to combat misinformation. Critics, however, argue that these shutdowns and restrictions are disproportionate, unlawful, and politically motivated tools of digital censorship and repression that violate international human rights standards. This paper argues that although the right to access the internet is not absolute, it is an indispensable enabler of fundamental rights in a democratic society; therefore, blanket internet shutdowns and restrictions fail the proportionality test required for any lawful restriction. A comparative analysis with Kenya and Brazil highlights the risks of ambiguous security laws and underscores the importance of independent judicial oversight in protecting digital rights. The study underscores internet access as a cornerstone of democracy in a digitally connected country and suggests reforms to curb politically motivated digital repression. It recommends fortifying Uganda‘s digital resilience by establishing human rights-based regulatory safeguards within the Uganda Communications Commission, realigning national practice with constitutional guarantees, pursuing strategic public interest litigation, and strengthening collaboration among Civil Society Organizations in digital rights advocacy campaigns.