Rights |
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Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
Internet |
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Internetportal |
Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. [1] The laws of several countries recognize a right to Internet access. [2]
A number of human rights have been identified as relevant with regard to the Internet. These include freedom of expression, privacy, and freedom of association. Furthermore, the right to education and multilingualism, consumer rights, and capacity building in the context of the right to development have also been identified. [3] [4]
The APC Internet Rights Charter was established by the Association for Progressive Communications (APC) at the APC Europe Internet Rights Workshop, held in Prague, February 2001. The Charter draws on the People's Communications Charter and develops seven themes: internet access for all; freedom of expression and association; access to knowledge, shared learning and creation - free and open source software and technology development; privacy, surveillance and encryption; governance of the internet; awareness, protection and realization of rights. [5] [6] The APC states that "the ability to share information and communicate freely using the internet is vital to the realization of human rights as enshrined in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women." [7] The APC Internet Rights Charter is an early example of a so-called Internet bill of rights, an important element of digital constitutionalism.
In December 2003 the World Summit on the Information Society (WSIS) was convened under the auspice of the United Nations (UN). After lengthy negotiations between governments, businesses and civil society representatives the WSIS Declaration of Principles was adopted [8] reaffirming human rights: [8]
We reaffirm the universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms, including the right to development, as enshrined in the Vienna Declaration. We also reaffirm that democracy, sustainable development, and respect for human rights and fundamental freedoms as well as good governance at all levels are interdependent and mutually reinforcing. We further resolve to strengthen the rule of law in international as in national affairs.
The WSIS Declaration also makes specific reference to the importance of the right to freedom of expression in the "Information Society" in stating: [8]
We reaffirm, as an essential foundation of the Information Society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers.
The 2004 WSIS Declaration of Principles also acknowledged the need to prevent the use of information and technologies for criminal purposes, while respecting human rights. [9] Wolfgang Benedek comments that the WSIS Declaration only contains a number of references to human rights and does not spell out any procedures or mechanism to assure that human rights are considered in practice. [10]
The Dynamic Coalition for an Internet Bill of Rights held a large preparatory Dialogue Forum on Internet Rights in Rome, September 2007 and presented its ideas at the Internet Governance Forum (IGF) in Rio in November 2007 leading to a joint declaration on internet rights. [11] At the IGF in Hyderabad in 2008 a merger between the Dynamic Coalitions on Human Rights for the Internet and on Principles for the Internet led to the Dynamic Coalition on Internet Rights and Principles, which based on the APC Internet Rights Charter and the Universal Declaration of Human Rights elaborated the Charter of Human Rights and Principles for the Internet presented at the IGF in Vilnius in 2010, which since has been translated into several languages.
On October 29, 2008, the Global Network Initiative (GNI) was founded upon its "Principles on Freedom of Expression and Privacy". The Initiative was launched in the 60th Anniversary year of the Universal Declaration of Human Rights (UDHR) and is based on internationally recognized laws and standards for human rights on freedom of expression and privacy set out in the UDHR, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). [12] Participants in the Initiative include the Electronic Frontier Foundation, Human Rights Watch, Google, Microsoft, Yahoo, other major companies, human rights NGOs, investors, and academics. [13] [14]
John Harrington dismissed the impact the GNI as a voluntary code of conduct, calling instead for bylaws to be introduced that force boards of directors to accept human rights responsibilities. [15]
Some of the 88 recommendations made by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in a May 2011 report to the Human Rights Council of the United Nations General Assembly [16] supported the argument that internet access itself is or should become a fundamental human right. [17] [18]
The United Nations Human Rights Council declared internet freedom a Human Right in 2012. [19]
Several countries and unions have laws dealing with digital rights:
A poll of 27,973 adults in 26 countries, including 14,306 Internet users, [28] was conducted for the BBC World Service by the international polling firm GlobeScan using telephone and in-person interviews between 30 November 2009 and 7 February 2010. GlobeScan Chairman Doug Miller interpreted the results as showing that people around the world see access to the internet as their fundamental right, a force for good, and most do not want governments to regulate it. [29]
Findings from the poll include: [29]
In July and August 2012 the Internet Society conducted online interviews of more than 10,000 Internet users in 20 countries, including questions on digital rights: [31]
Question | No. of Responses | Responses |
---|---|---|
Access to the Internet should be considered a basic human right. | 10,789 | 83% somewhat or strongly agree, 14% somewhat or strongly disagree, 3% don't know |
Each individual country has the right to govern the Internet the way they see fit. | 10,789 | 67% somewhat or strongly agree, 29% somewhat or strongly disagree, 4% don't know /not applicable |
The Internet does more to help society than it does to hurt it. | 10,789 | 83% somewhat or strongly agree, 13% somewhat or strongly disagree, 4% don't know / not applicable |
Increased government control of the Internet would make me use the Internet less. | 9,717 | 57% somewhat or strongly agree, 39% somewhat or strongly disagree, 5% don't know / not applicable |
Increased government control of the Internet would increase the number of users. | 9,717 | 40% somewhat or strongly agree, 52% somewhat or strongly disagree, 8% don't know / not applicable |
Governments need to place a higher priority on expanding the Internet and its benefits in my country. | 10,789 | 83% somewhat or strongly agree, 11% somewhat or strongly disagree, 5% don't know / not applicable |
For the Internet to reach its full potential in my country people need to be able to access the Internet without data and content restrictions. | 10,789 | 79% somewhat or strongly agree, 17% somewhat or strongly disagree, 4% don't know / not applicable |
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The World Summit on the Information Society (WSIS) was a two-phase United Nations-sponsored summit on information, communication and, in broad terms, the information society that took place in 2003 in Geneva and in 2005 in Tunis. WSIS Forums have taken place periodically since then. One of the Summit's chief aims is to bridge the global digital divide separating rich countries from poor countries by increasing internet accessibility in the developing world. The conferences established 17 May as World Information Society Day.
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
The Association for Progressive Communications (APC) is an international network of organizations that was founded in 1990 to provide communication infrastructure, including Internet-based applications, to groups and individuals who work for peace, human rights, protection of the environment, and sustainability. Pioneering the use of ICTs for civil society, especially in developing countries, APC were often the first providers of Internet in their member countries.
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigenous, and traditional knowledge; freedom of information, building of open knowledge resources, including open Internet and open standards, and open access and availability of data; preservation of digital heritage; respect for cultural and linguistic diversity, such as fostering access to local content in accessible languages; quality education for all, including lifelong and e-learning; diffusion of new media and information literacy and skills, and social inclusion online, including addressing inequalities based on skills, education, gender, age, race, ethnicity, and accessibility by those with disabilities; and the development of connectivity and affordable ICTs, including mobile, the Internet, and broadband infrastructures".
Internet governance consists of a system of laws, rules, policies and practices that dictate how its board members manage and oversee the affairs of any internet related-regulatory body. This article describes how the Internet was and is currently governed, some inherent controversies, and ongoing debates regarding how and why the Internet should or should not be governed in future.
The Internet Governance Forum (IGF) is a multistakeholder governance group for policy dialogue on issues of Internet governance. It brings together all stakeholders in the Internet governance debate, whether they represent governments, the private sector or civil society, including the technical and academic community, on an equal basis and through an open and inclusive process. The establishment of the IGF was formally announced by the United Nations Secretary-General in July 2006. It was first convened in October–November 2006 and has held an annual meeting since then.
European Digital Rights is an international advocacy group headquartered in Brussels, Belgium. EDRi is a network collective of non-profit organizations (NGO), experts, advocates and academics working to defend and advance digital rights across the continent. As of October 2022, EDRi is made of more than 40 NGOs, as well as experts, advocates and academics from all across Europe.
Women of Uganda Network (WOUGNET) also known as Women of Uganda Network Development Limited is Ugandan non-governmental organization that aids women and women's organisations in the use and access of information and communication technologies (ICTs) to share information and address issues their concerns such as gender norms, advocating for their rights and building communities and businesses through education.
Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many would be deterred from coming forward and sharing information of public interests with journalists.
The Global Network Initiative (GNI) is a non-governmental organization with the dual goals of preventing Internet censorship by authoritarian governments and protecting the Internet privacy rights of individuals. It is sponsored by a coalition of multinational corporations, global non-profit organizations, and academic institutions. David Kaye (academic) is the Independent Chair of the Board. Mark Stephens (solicitor) was the previous Independent Chair.
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.
Intellectual freedom encompasses the freedom to hold, receive and disseminate ideas without restriction. Viewed as an integral component of a democratic society, intellectual freedom protects an individual's right to access, explore, consider, and express ideas and information as the basis for a self-governing, well-informed citizenry. Intellectual freedom comprises the bedrock for freedoms of expression, speech, and the press and relates to freedoms of information and the right to privacy.
The International Principles on the Application of Human Rights to Communications Surveillance is a document officially launched at the UN Human Rights Council in Geneva in September 2013 by the Electronic Frontier Foundation which attempts to "clarify how international human rights law applies in the current digital environment". Communications surveillance conflicts with a number of international human rights, mainly that of privacy. As a result, communications surveillance may only occur when prescribed by law necessary to achieve legitimate aim, and proportionate to the aim used.
Media freedom in the European Union is a fundamental right that applies to all member states of the European Union and its citizens, as defined in the EU Charter of Fundamental Rights as well as the European Convention on Human Rights. Within the EU enlargement process, guaranteeing media freedom is named a "key indicator of a country's readiness to become part of the EU".
Human rightsandencryption are often viewed as interlinked. Encryption can be a technology that helps implement basic human rights. In the digital age, the freedom of speech has become more controversial; however, from a human rights perspective, there is a growing awareness that encryption is essential for a free, open, and trustworthy Internet.
Internet universality is a concept and framework adopted by UNESCO in 2015 to summarize their position on the Internet. The concept recognizes that "the Internet is much more than infrastructure and applications, it is a network of economic and social interactions and relationships, which has the potential to enable human rights, empower individuals and communities, and facilitate sustainable development."{{Citation needed}} The concept is based on four principles stressing the Internet should be human rights-based, open, accessible, and based on the multi-stakeholder participation. These have been abbreviated as the R-O-A-M principles. Understanding the Internet in this way helps to draw together different facets of Internet development, concerned with technology and public policy, rights and development."
Multistakeholder participation is a specific governance approach whereby relevant stakeholders participate in the collective shaping of evolutions and uses of the Internet.
Digital constitutionalism is a concept used in the context of research investigating the impact of digital technology on constitutional values and principles. As for the notion of constitutionalism, this concept has not received a univocal definition, having been referred to a movement, a set of instruments and an ideology. The notion of digital constitutionalism emerged in the context of the digital revolution that characterised the first decades of the Twenty First century. Current research is conducted by scholars from various disciplines, including law, communication studies, philosophy and political science. It focuses on the instruments and actors involved in promoting constitutional values and principles which are fit for the digital age.
The African Declaration on Internet Rights and Freedoms (AfDec) has been created in order to promote an Internet environment that conforms to established human rights standards and meets Africa's social and economic development needs. The Declaration was agreed on at the 2013 African Internet Governance Forum (AfIGF) in Nairobi, Kenya and launched in 2014 at the global Internet Governance Forum in Istanbul, Turkey. It provides a normative framework on which basis recommendations for policy and legislative processes on internet rights, freedoms and governance in Africa are made. They can be applied at national, sub-regional and regional levels.