Digital rights

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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]

Contents

Human rights and the Internet

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]

APC Internet Rights Charter (2001)

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.

World Summit on the Information Society (WSIS) (2003-2004)

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]

Internet Bill of Rights and Charter on Internet Rights and Principles (2007-2010)

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.

Global Network Initiative (2008)

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]

United Nations Human Rights Council (2011-2012)

Some of the 88 recommendations made by the United Nations 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]

67. Unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders. By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an "enabler" of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole...
79. The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest.

The United Nations Human Rights Council declared internet freedom a Human Right in 2012. [19]

Notable laws by place

Several countries and unions have laws dealing with digital rights:

Digital rights landscape, 2005, by the Open Rights Group Open rights group.jpg
Digital rights landscape, 2005, by the Open Rights Group

Surveys

BBC World Service global public opinion poll (2009-2010)

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]

Internet Society's Global Internet User Survey (2012)

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]

QuestionNo. of ResponsesResponses
Access to the Internet should be considered a basic human right.10,78983% 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.10,78967% 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.10,78983% 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.9,71757% 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.9,71740% 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.10,78983% 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.10,78979% somewhat or strongly agree,
17% somewhat or strongly disagree,
  4% don't know / not applicable

Digital rights advocacy groups

See also

Advocacy groups

Related Research Articles

<span class="mw-page-title-main">World Summit on the Information Society</span>

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 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.

<span class="mw-page-title-main">Freedom of information</span> Freedom of a person or people to publish and consume information

Freedom of information is freedom of a person or people to publish and have access to information. Access to information is the ability for an individual to seek, receive and impart information effectively. As articulated by UNESCO, it encompasses

"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".

<span class="mw-page-title-main">Internet governance</span> System of laws, policies and practices

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 the future.

<span class="mw-page-title-main">Internet Governance Forum</span>

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.

<span class="mw-page-title-main">WOUGNET</span> Non-governmental organization in Uganda

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.

<span class="mw-page-title-main">Freedom of speech</span> Right to communicate ones opinions and ideas

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 Telecoms Package was the review of the European Union Telecommunications Framework from 2007 – 2009. The objective of the review was to update the EU Telecoms Framework of 2002 and to create a common set of regulations for the telecoms industry across all 27 EU member states. The review consisted of a package of directives addressing the regulation of service provision, access, interconnection, users' contractual rights and users' privacy, as well as a regulation creating a new European regulatory body (BEREC).

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.

<span class="mw-page-title-main">Right to sexuality</span> Right to enjoy ones sexuality without discrimination

The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Although it is equally applicable to heterosexuality, it also encompasses human rights of people of diverse sexual orientations, including lesbian, gay, asexual and bisexual people, and the protection of those rights. The inalienable nature of rights belonging to every person by virtue of being human.

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.

<span class="mw-page-title-main">Media freedom in the European Union</span>

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".

<span class="mw-page-title-main">Access to public information in Europe</span> Public access to information maintained by government agencies in Europe

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

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." The concept is based on four principles agreed upon by UNESCO member states: human rights, openness, accessibility, and multi-stakeholder participation, abbreviated as the R-O-A-M principles.

Multistakeholder participation is a specific governance approach whereby relevant stakeholders participate in the collective shaping of evolutions and uses of the Internet.

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.

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