Internet and Human Rights

Internet and Human Rights

NAME: Animesh Singh

COLLEGE: Manav Rachna International University


INTRODUCTION

Internet: Advantages and Disadvantages

The Internet is a global network of billions of computers and other electronic devices. With the Internet, you can access almost all information, communicate with anyone in the world, and do a lot more. Nobody owns the Internet, though several organizations from all over the world collaborate on its operation and development.[1] High-speed fiber optic cables (spine calls) through which most Internet data journeys are owned by telephone companies in their respective countries. For students and for educational purposes, the Internet is widely used to gather information to research or add knowledge of any topic. Even professionals and business professions, such as doctors, access the Internet to filter the information they need to use them. Therefore, the Internet is the largest encyclopedia of all, in all age categories. The Internet has served to be more useful in maintaining contacts with friends and family living abroad permanently. Easier means like Internet chat and email systems are the best and most common way to keep in touch with people all over the world. Do not forget that the internet is useful to offer the most of the fun these days. It can be all games, network conferences or online movies, songs, drama and contests, the Internet has provided users with a great opportunity to eradicate the boredom of their lives. On the other hand, the Internet also has its dark side. Internet dependence is very common among young people. Students are likely to neglect their studies. If the movie has too much power, older people are also inclined to neglect some of their important work. With a lot of freely available information on the Internet theft and improper use of this information is a likely possibility.[2] The Internet is that has allowed a lot of anonymity to a large number of people who can access different websites, forums and chat available. This has allowed perverted individuals to take advantage of innocent people and abuse their trust.

 

HUMAN RIGHTS

Human rights are inherent rights to all human beings, regardless of nationality, place of residence, sex, national or ethnic origin, color, religion, language or any other condition. We all have equal rights to our human rights without discrimination. These rights are interrelated, interdependent and indivisible. Human rights imply rights and obligations. States assume obligations and obligations under international law to respect, protect and enforce human rights. The obligation to respect means that states must refrain from interfering or restricting the enjoyment of human rights.

 

RIGHT TO INTERNET

The right to access to the Internet, also known as broadband rights or freedom of connection, is the view that all people must have access to the Internet to exercise and enjoy their rights to freedom of access, expression and the opinion and other fundamental human rights that states have the responsibility to ensure that Internet access is widely available and that states do not unreasonably restrict access to an individual to the Internet.[3]

 

FUNDAMENTAL RIGHT OF INTERNET ACCESS: UN HRC

The United Nations Human Rights Council (UNHRC) in its twentieth session unanimously adopted a resolution confirming that Internet access is a fundamental human right. The resolution states that people should be able to express themselves freely on the Internet, just as in the real world.

The resolution has been challenged by countries such as Russia, China, Saudi Arabia, South Africa and India. The issue concerned the passage "unequivocally condemning measures to intentionally prevent or impede access to the online information dissemination".

Highlights of the resolution are as follows:[4]

  1. The resolution states that the same rights that people have in the real world must be extended to the online world, in particular freedom of expression, applicable irrespective of their geographical boundaries.
  2. Secondly, it resolves the open nature of the Internet and accepts that it is the driving force to speed up progress towards development in its various forms.
  3. The resolution urges all countries and states to promote and facilitate Internet access and calls for international cooperation to develop media and media for its citizens
  4. The UNHRC will continue to examine the promotion, protection and enjoyment of human rights, including the right to freedom of expression, the Internet and how the development and exercise of human rights.

The UN cannot legally apply the resolutions. Rather, they are published to provide guidelines for participating countries and exert pressure on those who may have dissenting opinions. These are just general instructions on how governments define Internet laws. It's nice to see, even if it does little to fill some pieces of digital paper.[5]

With the adoption by the United Nations of this resolution, countries around the world will be more cautious about censorship of their citizens' activities. This is probably one of the most important decisions that form how consumers, businesses, and governments will use the Internet in the future.

 

RIGHT TO INTERNET ACCESS IS NOT A LEGAL HUMAN RIGHT IN INTERNATIONAL LAW

There have been numerous international practice attempts trying to incorporate the right to internet access into current international human rights framework. However, currently, the right to internet access is not yet a legal human right, and not yet enough to be considered as a basic human right.[6]

But we must recognize that the human rights system cannot be considered a static and fixed system forever, because its codification is a continuous development and a never-ending process, both in the domestic and international environment. However, human rights, after all, are a legally well-structured universal set of normative standards. Sovereign states give legally binding force and state guarantees to human rights through adopting domestic laws or signing international treaties, voluntarily taking human rights as a fundamentally important standard which shall be observed by the national public authority. Thus, for the identification of human rights, we should adopt an extremely cautious attitude. Formally, international common standards for human rights require universal acceptance from the majority of sovereign states.

 

FUNDAMENTAL RIGHT OF INTERNET ACCESS: INDIAN PERSPECTIVE

Citizens have the right to access the Internet for information, wisdom, and knowledge and their right cannot be reduced unless it discourages the limit of illegality and forbids advertising on the Internet. the determination of pre-natal sex on websites does not reduce the right of access to the Internet of the Supreme Indian Tribunal.

At present, the complete legal provisions in India concerning Internet privacy are contained in ITA 2000. The ITA contains a number of provisions that may, in some cases, protect privacy online or, in other cases, dilute online privacy. Provisions that clearly protect the privacy of users include: penalizing child pornography, penalizing, piracy and fraud and defining data protection standards for businesses.

Calling on the Internet a "virtual world" and an "invisible world", the Supreme Court noted that the fundamental right of expression includes "the right to be informed and the right to know and the sense of protection of expansive connectivity." The Internet offers to click a button.

In gasoline, the Supreme Court has granted the right of access to the Internet for people, but with reasonable restrictions. As long as this right is not used for competent and legal purposes, it is valid when the law is used for illegal purposes is limited.

INTERNET IN RELATION TO VARIOUS FUNDAMENTAL HUMAN RIGHTS

  1. Right to Expression and Internet

The Internet has opened up new possibilities for realizing the right to freedom of expression. This is due to the unique features of the Internet, including "its speed, its global reach, and its anonymity." These distinctive features have allowed individuals to use the Internet to spread information in real time and mobilize people. The United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression (Special Rapporteur)

Unlike any other medium, the Internet facilitated the ability of 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

As far as freedom of expression is concerned, the Internet has a convincing platform for decentralization of information and institutional control. At best, it acts as a level of knowledge. [7]

  1. Right to Development and Internet

Online trading is now an important push of countries’ economic development. Secondly, as a communication means, the internet can narrow the distance between marginal areas and developed areas, so that the economic and cultural development gap will not expand because of the information gap, which contributes to an unbalanced development between countries and even between different regions of one country. The right to internet access ensures people in less developed regions can reach to the internet so that the development level of economy and culture between regions and groups can be balanced by the advantages provided by the internet and people can achieve self-development.

  1. Right to privacy and internet

Obviously, privacy is an emerging and increasingly important field in India's Internet Company. As companies gather more information from online users and online users, and the government continues to look for more access and monitoring capabilities, it is imperative that India gives priority to privacy and provides strong guarantees to protect the privacy of Indians and foreigners who they stay temporarily or permanently in India.[8] The first step in this regard is the implementation of comprehensive privacy legislation that recognizes privacy as a fundamental right. The Privacy and Government panel report that is considering a privacy bill is a step in the right direction.

 

BENEFITS OF RIGHT TO INTERNET ACCESS

1.Education and Digital Literacy:

We received questions about the Wi-Fi zones in cities that speak directly or indirectly to the Digitial division: some members of their community are left out because they do not have access to the Internet or to the computer. Libraries are making great strides to help solve this problem, and one of our projects, Internet trainees, is helping community members get used to computers. But the libraries also have closing times.

We heard stories from students who drove 10 or 20 miles to get out of a closed library and use their Wi-Fi. We also heard about people buying pizzas from a restaurant with a Wi-Fi connection -Fi free so you can check their email. A free and public area would still work and would not require the purchase of pizza (though this may still be an advantage for local businesses if people look while using the Internet). This would allow students to find a place where they can do their homework, and where others can check their email, or even apply for a job.

2.Disaster Relief:

The grant we have received from the Economic Development Administration is based on disaster relief. When we visited the city, we asked them how they coordinated after Irene. What we think are impressive collaborative stories, the on-site organization, and availability of all participants. That said, many communities also discussed the difficulty of getting the right messages for all. Communication methods range from daily meetings to printed bulletins, enhanced municipal websites and local radio stations.

 

CHALLENGES OF RIGHTS TO INTERNET ACCESS

Not just the right to access to the Internet provides only the fundamentals of human rights, but sometimes the rights of expression and dignity of private life and even vulnerable to Internet access to all and all people.

Unfortunately, the ability to send and receive e-mail has also created a way for computer criminals to distribute spam and malware. Malware hiding in email attachments could cause damage to your PC or even create a backdoor for an attacker to infiltrate your system. Through e-mail, cybercriminals have seen this as another opportunity to play on human emotions and attract victims to reveal sensitive information through phishing scams

While the Internet has allowed individuals to buy online, this has also created another way for computer criminals to steal personal information and distribute malware.

While an intelligent thermostat can help reduce energy costs, the downside is that a hacker could exploit the thermostat hardware and use it to explore owners. Because intelligent thermostats have access to information like when you're home or away, your postal code and WiFi credentials, a hacker that compromises the thermostat will now have access to all this information.

 

CONCLUSION

Internet access plays an increasingly important role in human life, and connecting and access to the internet contribute to the exercise of a series of basic human rights such as freedom of opinion and expression, freedom of speech, freedom of assembly, the right of equality, and the right to development. Some international organizations, countries, and individuals are calling for recognizing the right to internet access as a basic human right. Despite reasons for supporting the idea that the right to internet access should be regarded as a human right, there is no mature, prevailing legal source of international human rights law for the right to internet access in a strict sense if it is strictly and empirically analyzed as it appears only in national laws of some countries, and soft documents of regional organizations and specialized agencies of the United Nations.

Human rights will be enriched with social progress and so the right to internet access may be a civil right within the national law system, and it may also gain legal status gradually in regional human rights law. However, to be a statutory right in the universal international human rights depends on the human rights values it involves and the consensus to be reached on positive and negative duties between governments and other actors.


[1] Internet, Business Dictionary from http://www.businessdictionary.com/definition/internet.html

[2] The Advantages and Disadvantages of The Internet Essay, UK Essays from https://www.ukessays.com/essays/media/the-disadvantages-of-internet-media-essay.php

[3] Human rights and the internet: The key role of National Human Rights Institutions in protecting human rights in the digital age, APC, from https://www.apc.org/en/pubs/human-rights-and-internet-key-role-national-human-rights-institutions-protecting-human-rights

[4] Carli Velocci, Internet Access Is Now A Basic Human Right, GIZMODO, from https://gizmodo.com/internet-access-is-now-a-basic-human-right-1783081865

[5] Tim Sandle, Digital Journal, Jul. 22, 2016, 11:57 PM, UN thinks internet access is a human right, Business Insider from http://www.businessinsider.com/un-says-internet-access-is-a-human-right-2016-7?IR=T

[6] Liu Huawen YanYuting, September 19, 2016, Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law, CSHRS from http://www.chinahumanrights.org/html/2016/MAGAZINES_0919/5655.html

[7] Background paper: Human rights in cyberspace, Australian Human Rights Commission from https://www.humanrights.gov.au/publications/background-paper-human-rights-cyberspace/3-freedom-expression-and-internet

[8] Internet Privacy in India, The Centre for Internet and Society from https://cis-india.org/telecom/knowledge-repository-on-internet-access/internet-privacy-in-india


Disclaimer: The opinions expressed in the article or any other publication are those of the authors. They do not purport to reflect the opinions or views of Sadvidya or its members.

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