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Internet Access: A Human Right? Debating Connectivity and Content in the Digital Era

This article delves into the intricate discussion about whether internet access should be considered a human right. It explores the dimensions of content and connectivity within the human rights framework, addressing issues of dependence and limitations. The text examines the distinction between sui generis and derivative rights, considering the novelty and fundamental nature of the internet. It also touches upon the importance of codification and positive obligations in protecting internet freedoms, while recognizing the challenges posed by new borders in cyberspace. Overall, the debate surrounding internet access and human rights is depicted as maturing but not yet fully resolved.

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Internet Access: A Human Right? Debating Connectivity and Content in the Digital Era

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Presentation Transcript

  1. internet access: human right?

  2. heated debate bbc poll un special rapporteur un human rights committee

  3. two dimensions content connectivity

  4. human rights framework content – political –1st– refrain connectivity – social? – 2nd– proactive any 3rd? not b/w distinction

  5. human rights framework dependence limitations

  6. 3 problems

  7. 1. sui generis right vs. derivative rationale internet: novelty? fundamental? derivative: enough? precedent what about art 8 eucfr

  8. art 19 iccpr • everyone shall have the right to freedom of expression … include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice

  9. art 19 iccpr: commentary • … take account of the extent to which developments inict… have substantially changed communication practices … should take all necessary steps to foster the independence of these new media and to ensure access of individuals thereto

  10. 2. codification 1st vs. 2nd positive obligation: intensity protection: strength

  11. 3. new borders in cyberspace digital divide cyberspace: (state) control impact: connectivity & content response: human rights

  12. summary internet access: two dimensions sui generis right vs. derivative codification new borders in cyberspace

  13. conclusions debate: maturing yet not ready if cfr drafted today: most probably include

  14. human rights in the digital era unileeds 16 sep 2011 dariusz.kloza@vub.ac.be paul.de.hert@vub.ac.be vub.ac.be/LSTS cpdpconferences.org fb: ip & it law enthusiasts

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