First of all, I would like to thank my supervisor, Devarasi Maduramuthu, for her guidance and feedback while writing this article. Finally and most importantly, I would like to thank my loving and supportive parents, Logie and Danny, who have always done everything they can to ensure that I will succeed in all my endeavors.
Introduction 1
Background 2
What are the intellectual origins that gave rise to the concept of the human right to access the Internet. An introduction to the issues involved is provided, along with a background to the concept of the human right to access the Internet. In Chapter 2, I will discuss the historical development of the concept of a human rights claim for Internet access.
I will also analyze the argument that claims that a human right to internet access promotes the weakening and over-inflation of the concept of human rights. I ill a al se The UN 'reports and shows how its findings promote a human right to Internet access. Brian Skepys (2012), presents five of the most popular arguments28 in support of internet access being considered a human right.
40 negative right of access), the UN Report is seen as implicitly accepting a human right to access the Internet. Like any other human right, the right to access the Internet will be subject to limitations. Next, I suggest adopting an international legal framework to protect the human right to access the Internet.
Therefore, building towards a human right to access the Internet is an enterprise worth pursuing for the betterment of all society.
Significance of Study 6
The Definition of Human Rights 10
Human rights can be defined as those rights which are inherent to all human beings by the very fact that they are human1, regardless of nationality, place of residence, sex, national or ethnic origin, skin colour, religion, language or any other status2 or . circumstances and are therefore universal and inalienable. The principle of the existence of human rights and the starting point of international human rights law was first emphasized in the UDH in 1948 and was echoed in subsequent treaties, customary international law, general principles and other sources of international law 6 with international human rights law. obligates member states to act or refrain from acting in certain circumstances to promote these human rights7.
The Origins of the Right to Freedom of Expression 11
- The UDHR and ICCPR 11
- The Free-Flow of Information Paradigm 13
The in ter atio ell right to eat is subsequently one of the reasons for the belief that internet access should be recognized as a human right. These approaches will be used and applied to some of the most popular arguments for a human right to internet access to assess whether they meet the requirements of a human rights evaluation. 29 instrumentally necessary for something intrinsically valuable is a human right and therefore 4) internet access is a human right.30.
In this chapter we have also considered whether access to the Internet can withstand a human rights assessment. Some examples of legislative steps and judicial actions taken by countries to recognize the human right to access the Internet will be mentioned below. 45 To demonstrate that Internet access is not simply an enabler of human rights, we need to consider what a human right actually is.
Internet access must therefore be linked to the human goods that underlie freedom of expression. The purpose of this dissertation was to determine whether Internet access can be considered a human right. However, by providing Internet access to their citizens, states can help these individuals realize various human rights.
There needs to be some change and pursuit of it; a formal, international human right to internet access must be explicitly adopted through a.
Why Access to the Internet Should be Considered a Human Right 35
Public Perception 35
During a 2010 BBC survey, consisting of more than 27,000 individuals (across 26 countries) on both sides of the digital divide, 79% of respondents answered affirmatively to the uestio: Is Internet access a good?.3 More ' A survey by the Center of International Governance Innovation (CIGI) found that 83% of internet users. 36 believe that affordable internet access should be considered a human right.4 In a 2009 UK survey of those between the ages of 16 and 24, 75% claimed that they could not live without the internet.5 The majority of those who were surveyed, thus supporting the idea of a human right to internet access. They subscribe to this belief because of the positive changes it has brought to their lives due to the massive availability of information and greater freedom to express themselves that they have experienced.
When analyzing the results of public opinion polls, however, it should be taken into account that this research method has a number of shortcomings, for example, that researchers tend the participant to the popular option, there are sampling errors or even bias based on the choice of participants. Nevertheless, public research can greatly influence the acceptance of a person's right to access the Internet because of the importance of public opinion in democratic societies. Director of CIGI s Glo al “eu it & Politi s P o g a , Fe Hapso, stated that currently two-thirds of the world's population does not have access to the Internet6 and asserts that if Internet access is not guaranteed for all, the socio-economic issues that plagued by marginalized social groups, exacerbated.
As a result, the world's full potential for technological growth and general prosperity will be suppressed.7 Access to the Internet allows individuals to freely express themselves8, participate politically, and make a living through a global pathway. Because of I te et s ole as the gatekeeper of the three components to realize our full potential, viz.
A Brief Analysis of the Human Right to Freedom of Expression 37
Arguments in Favour of a Human Rights Claim to Internet Access 38
- Values Underpinning Both Freedom of Expression and
Prior to the release of The UN Report, research showed that several countries had already adopted the belief and legal recognition that Internet access constitutes a human right. In Estonia, Internet access is considered a human right, essential for life in the 21st century. In 2009, the Constitutional Council of France, in what would be known as the HADOPI case,28 took a monumental decision promoting the promotion of internet access recognized as a fundamental human right.
Evidence supporting the fact that access to the Internet is considered a human right can also be found in the decision of the Sala Constitucional De La Corte Suprema De Justica no. decree of the Ministry of Transport and Communications.38. This law addressed various legal issues related to electronic technology; one such issue was that of universal internet access.
The package that includes freedom of expression should include access to the Internet as both aim to promote the same free political participation. 49“tephe Wi ke & “tepha ie “a toso I te et a ess Is a Hu a ‘right -Internet access related to f feedo to e p essio a d eati it Communications of the ACM.
Conclusion 48
48 Internet access can be seen to be in direct relation with the human capacities considered to ensure life in other ways, and so intertwined are they that to deny Internet access is to allow its associated possibilities to be denied as well. 49 access as a human right will inevitably become a more widespread and accepted idea over time as the Internet inevitably becomes more integrated into our daily lives, and whatever the outcome of this debate in the short term, Internet access will certainly be considered (one day) as basic tap water of the future.
Conclusion 50
Concluding Remarks 50
51 ideas of all children…4 and has fueled worldwide debate and acceptance of internet access as a human right. Internet access can provide citizens with a platform for political participation and to voice any human rights violations. It is therefore clear why many have turned to a human rights framework to protect internet access.
A human right to internet access creates a need to take immediate action and will force policy makers to address lack of internet access and adopt strategies to close the digital divide. While human rights are not static or rigid, this does not mean that Internet access cannot withstand a current assessment of human rights theory; it is argued to promote a human right to Internet access that such access is linked to the values that underpin other human rights, ie. that promoting a human right to Internet access on this basis will be a waste of crucial resources. which could help uplift the lives of the disadvantaged through the appropriate provision of more pressing human rights.
Therefore, the enormous economic progress that Internet access can bring to elopi g ut cannot be underestimated. Just as governments have policies in place with the ultimate goal of providing human rights such as water and housing to every citizen, so too can governments in terms of the right to access the Internet.
Recommendations 57
A formal embodiment of a right is recommended as an international legal recognition will promote the implementation of the right to access the Internet based on mutual understanding and negotiation. 29. The right to Internet access includes not only protection against state governments that unlawfully restrict Internet access and censor Internet content, but also provide the necessary infrastructure to provide access. In the case of intellectual property violations, an independent body or court must carefully assess whether the individual interests of the Internet user, including his or her right to freedom of expression, will be disproportionately affected in determining any penalty. about his/her internet access. .
Countries that accept a human right to internet access must formulate detailed legislation that provides protection for freedom of expression online, as well as clearly setting out which online acts are illegal and further which acts are grounds for restricting access. Legislation regulating a right to internet access must be enforced by an independent, sui generis body that has no commercial or political interests; such a body was also recommended by The UN 'epo t.36. In shaping legislation, governments should consider the role technology companies can play in promoting internet access rights.
By being placed outside the sphere of users and government control, technology companies can enforce freedom of expression online by creating technology that makes it harder for governments to violate an international right to Internet access.46. These factors will help promote a well-developed system of Internet protection, as a human right to Internet access is rapidly becoming the primary method of communication, promoting a more technological society.
