Human Rights and the Internet

Abstract

The Internet, and the broader class of networked communications technologies of which it is one, are enormously powerful tools of free expression, and to help to make public infringements of human rights. While the principles of human rights are widely understood and reflected in constitutional provisions and other laws in many nations, and in rulings and pronouncements of international bodies such as the United Nations and other treaty-based organizations, cyberspace requires that they be considered anew. This is not the first attempt to do so, as is set out below. This article attempts to further advance the thinking on these issues. It suggests a broad statement of principles of communication rights, and a commentary to help better understand it. Lawyers and other rule makers reading this article would also do well to consider how these broad principles may in turn be reflected in narrower rules of behaviour (i.e., government should not interfere with permitted terms to be used on an Internet search engine ; government should not use licensing requirements to restrict access to Internet service; etc.). This is the first of two articles. The second will discuss human rights and the Internet more broadly.