internet access: human right?

heated debate bbc poll un special rapporteur un human rights committee

two dimensions content connectivity

human rights framework content – political – 1 st – refrain connectivity – social? – 2 nd – proactive any 3 rd ? not b/w distinction

human rights framework dependence limitations

3 problems

1. sui generis right vs. derivative rationale internet: novelty? fundamental? derivative: enough? precedent what about art 8 eu cfr

art 19 iccpr b) everyone shall have the right to freedom of expression … include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice

art 19 iccpr: commentary 15. … take account of the extent to which developments in ict … have substantially changed communication practices … should take all necessary steps to foster the independence of these new media and to ensure access of individuals thereto

2. codification 1 st vs. 2 nd positive obligation: intensity protection: strength

3. new borders in cyberspace digital divide cyberspace: (state) control impact: connectivity & content response: human rights

summary internet access: two dimensions sui generis right vs. derivative codification new borders in cyberspace

conclusions debate: maturing yet not ready if cfr drafted today: most probably include

human rights in the digital era uni leeds 16 sep vub.ac.be/LSTS cpdpconferences.org fb: ip & it law enthusiasts