Should access to the internet be recognised as a human right?
 

Author:

Danwood Chirwa and Desmond Oriakhogba
 

Summary:

Irrespective of one's geographical location, the internet continues to remain very important to a meaningful and dignified life. Similarly, access to the internet continues to contribute to the sustenance of human activities in different sectors, including education, governance, and the overall development of national and regional economies. This article reviews arguments for and against recognising the right of access to the internet as an independent human right; and concludes that there is a basis for the recognition of such a right. It shows that while the existing body of international human rights law already protects several rights under which aspects of internet rights can be protected, there are some glaring gaps which warrant express recognition of a comprehensive right of access to the internet. The article argues that recognising such a right would herald a momentous change in current thinking about internet rights. The latter are currently viewed mainly as freedom rights. They should be understood instead as both freedom and socio-economic and development rights. Also, given the digital gap that exists across geo-political and economic divides and within states, recognising the right of access to the internet in this manner would obligate states to facilitate access to the internet as a socio-economic and development right and to protect the other rights associated with the internet. The article further calls attention to the role that private internet providers can play in protecting the right of access to the internet if given legal recognition as an independent right.


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