Understanding the Internet as a Human Right

Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative impact on several other recognised human rights, including the right to education, to healthcare and to work. The Internet’s role in the enabling and delivery of human rights has led some to claim that access to the Internet itself should be considered a human right, an idea that has deep implications for both international law and domestic legal frameworks. If, indeed, access to the Internet is a human right, it adds an additional dimension to regulatory issues, since overly restrictive laws that compromise access or damage the vitality or utility of the Internet become more than just bad policy. In some cases, they may constitute violations of international human rights standards. This Paper discusses the Internet’s recognition as a human right and the implications that spring from this recognition in domestic and international law