Constitutional equality in the information society: the problem of private discrimination

Abstract

The article deals with the implementation of constitutional norms on equality in the information society, which stimulates the manifestation of private and economic discrimination. Threats arising from the existence of natural inequalities have been investigated. On the basis of the conclusion about the legal admissibility of private discrimination, social and legal grounds for the implementation of the constitutional principle of equality have been revealed. The differentiation of private and economic discrimination is proposed, factors are identified that must be considered when determining the admissibility of discriminatory behavior in the information society: the level of market monopolization, the negotiating capabilities of the parties, the amount of costs required to restore the violated right. Considering the insufficiency of the actual capabilities of consumers of information benefits, it is concluded that it is necessary to protect the weak side of information relations. Movement to the minimum possible level of discretion on the side of provider of informational goods and creation of additional legal guarantees for constitutional and other rights of the citizen is provided.