Court Rulings on Internet Shutdown Cases in Autocratic Contexts

Internet shutdowns are on the global increase. Barely a week passes without reports of a government-directed internet shutdown. This paper zooms in on internet shutdown cases that have been challenged in African courts under varying political regimes. I argue that while macro-level factors such as the level of autocratization do not explain why some cases are decided in favour of the plaintiffs and others not, micro-level factors, notably the background of judges and their individual motivations can sufficiently address this puzzle. Using qualitative comparative analysis, I link systematically documented court decisions on internet shutdowns in sub-Saharan African courts to configurations of key characteristics of the judges and courts in question. Ultimately this paper contributes to our understanding of the functions of political institutions, namely courts, in autocratic contexts as well as the rule of law under increasing digitalization in Africa.