ISN’T INTERNET ACCESS A HUMAN RIGHT?

Abstract:
“Internet access is not merely a luxury for those who can afford it,” Reglitz said. “It is
instead highly conducive to a multitude of crucial human interests and rights. Internet access
is a uniquely effective way for lobbying and holding accountable global players like global
governance institutions and multinational corporations.”

1
The Internet is one of the most important instruments of the 21st century for increasing 
accountability in the actions of the wealthy, access to information, and for promoting active
citizen engagement in building democratic societies. Internet access is itself a moral human
right allowing everyone to have unmonitored and uncensored access to this global medium,
which should be made available free of charge to those who cannot afford it. But is the
Internet so rooted in so many people's lives, serving as the main way for the exchange of
information, that denying access to everyone in the world is a violation of human rights?

It could be argued that people can still enjoy the freedom to express themselves and connect
without internet access, meaning they can still meet in public places, publish their opinions in
newspapers, etc. However, the right to freedom of expression and freedom of association do
not merely require right-holders to have at least some opportunity to speak and to associate.
To arbitrarily prevent people from publishing their opinions in all but one little-read
newspaper would constitute a violation of their right to freedom of expression despite their
retaining some opportunity to express themselves. The opportunity that internet provides
makes it more than just a tool. To explore this concept in this paper, we shall examine:
Internet as a human right and legal right; what effect the Internet has on developed and
developing nations; what can be done to help ensure the Right to Internet Access.

Keywords: Internet access, human interests and rights, access to information, active citizen
engagement

1. Introduction:

The rising numerical predominance of society has encouraged widespread cultural and
political participation. It has changed the nature of public speech by reducing the cost of
information dissemination, facilitating successful global information exchange and
encouraging more people to participate in social discourse. Almost 3.2 billion people are
using the social media and this serves risks associated with it. That is focusing on the
individual pieces of technological development and not the multidimensional nature of how
the digital revolution is affecting our daily functioning.

Internet access is a human right or legal right? All persons, in all places, and at all times shall
enjoy the rights enshrined in the UDHR. Technological progress will always change how
people enjoy their fundamental rights and require governments and people to reaffirm the
rights of inseparability and the ways in which those rights are enjoyed 1. The UN declared

1
internet as a human right. Also, an addition was made to Article 19 of UDHR 2. Article 19 is
considered a “soft law” as it recommends actions only for nation-states and lacks any
enforcement mechanisms as a “hard law” would. Before Article 19 came into being, there are
various instances of internet shutdowns all over the world. The 35 cases of internet shutdown
have been recorded. An initial UN report on the protection and promotion of right to freedom
of speech and expression was published to stop France and United Kingdom from blocking
copyright infringers from using the internet. It also objects to blocking internet access in
retaliation against political unrest. The report also aimed at setting new standards in future in
times of unrest for countries looking to follow in the footsteps of Syria and other countries. It
also coincided with suspension of internet connection in Syria. The recent internet shutdown
was in South East Turkey was during the protests against the detention of Turkish mayor and
co – mayor.

Further, section 32 states – “the promotion, protection and enjoyment of human rights on
internet” and another 15 recommendations addressing the interests of those working in and
dependent on internet.

The upholding the right to internet access is just one of the ways that government thinks it
can begin to rebuild relationships with the citizens. Countries and Organizations alike have
taken steps to curtail the trend of increasing internet shutdowns. Hence, it is important that
the right steps need to be taken to improve the relationships between government and citizens
to uphold the human rights. A global and open internet is the agenda 2030 Sustainable
Development Goals (SDGs) as recognized by Article 19 by the actions of organisations and

1
Edward S, “Is Internet Access a Human Right?” Amnesty International

2
Article 19 of Universal Declaration of Human Right (UDHR) states that – “Everyone has the right to freedom
of speech and expression; this right includes freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of frontiers”.
countries alike. The SDGs aim to build partnerships between countries and protecting and
promoting the internet could be a key way of uniting stakeholders. By using the SDGs as a
stepping stone, the UN may advance the cause of universal internet; those whose livelihood
depend on the internet access or who fear that their access will be lost will have the most to
gain. The 193 signatory countries have already committed themselves to enhancing internet
efficiency, security and accessibility – a first move towards fully recognizing internet access
as a human right. There are currently 32 countries deemed resilient to internet shutdowns.

1
The other countries lack shutdowns if a few providers shutdown.3

The Arab Spring of the early 2010s, the MeToo movement of recent years and the
documentation of unjustified police violence against African American in the US as examples
of ways in which Internet access have provided freedom, justice and safety to the
marginalized groups. Also, some states are moving in the right direction, say, the Indian state
of Kerala has declared universal internet access a human right and the EU is aiming to
provide every villages and cities with free wireless access by 2020. 4 However, the move to
make internet access a human right is bold step prompted by a specific legal decision,
namely, the judgement of France’s highest court in a case involving the illegal download of
pirated music which argued that the government was not allowed to cut off internet services
for the purposes of banning illegal downloads on the grounds that internet access is a human
right.

Furthermore, the UN is putting many efforts to spread the telecom infrastructure and have
suggested that internet access should be considered a human right which could require action
against a government that arbitrarily suspends the citizens’ right of internet access. Internet is
just another tool which can be used for both good and bad purposes and for being a human
right it involves something essential for the achievement of a meaningful life – for instance,
right to freedom from torture.

Best (2004) argued on the discussion of right to internet access as human right. There should
be an appropriate relationship between the right to freedom of speech and expression and

3
Howell C and West DM, “The Internet as a Human Right ”[2016] Brookings
4
Neild D, “Should Free Internet Be a Basic Human Right? There's a Strong Case For It” [2019] Journal of
Applied Philosophy
https://www.sciencealert.com/here-s-why-one-scientist-believes-free-internet-should-be-a-basic-human-right
accessed February 9, 2020
freedom of information accessible by reading which means that people should always be able
to access information freely so that they can authentically express themselves freely.

Brain Skepys (2012) argued that the internet can contribute to the fulfilment of right to
communication, assembly, information equality, autonomy and membership as a particular
instrument. He contested both the validity of these rights, and more precisely, the
instrumental significance of the internet for fulfilling them.5

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2. Internet as a human right and legal right:

The right to freedom of speech and expression is as much a fundamental right of its own
accord as it is an “enabler” of other rights including economic, social and cultural rights such
as right to education and right to participation in cultural life and enjoy the benefits of
scientific progress and its applications as well as civil and political rights such as the right to
freedom of speech and expression, the internet also facilitates the realization of range of other
human rights.

Internet access is increasingly enabling fundamental rights such as freedom of expression and
assembly, access to information, recording and sharing of human rights violations. Internet
shutdown is a violation of fundamental rights. It is a fundamental right which should not be
restricted. A blanket shutdown can be dangerous because the legal and illegal elements of the
action are not distinguishable. Blanket shutdowns are disproportionate and unconstitutional.
In India, there was no consensus on whether these restrictions on the internet constitute a
violation of fundamental human rights.

Student protests against the CAA and the NRC led to an extraordinary situation where law 
and order in several parts of the country became disrupted. In such times, it is the government
's responsibility to exercise control while restoring normality. Internet access is definitely a
part of everyone’s fundamental rights. This supports the right to freedom of speech and
expression. In fact, the internet has become an acceptable means of communication. Hence,
due to this, it caused confusion during the situations of student protests all over the country as
the police authorities were forced to take action against the protestors. Hence, in this situation
shutting down of internet was the only option left with police authorities. And the increased

5
Wang T, “Human Right and Internet Access” file:///C:/Users/HP 01/Downloads/wang.pdf
accessed February 9, 2020
use of internet shutdowns in respect to protests against the CAA is a clear violation of these
principles.

Countries like Estonia have already made internet access a civil right. In the legal arena, a
French court overturned the legislation that had allowed the government to cut off one’s
internet access if illegal downloading was detected on one’s computer. Within both legal and
political spheres, the emerging human rights movement has proposed that internet access
should be considered a human right6.

1
There are three concrete legal approaches by which internet access could become a human
right:

 The first approach is based on Article 19(2) of the ICCPR, which states that: everyone 
has the right to freedom of expression; this right includes the freedom to seek, receive
and impart information and ideas of all kinds, irrespective of borders,
either orally, in writing or in print, in the form of art or through any other means of his 
own choice.
 The second approach to a human rights framework for internet access is based on
Article 19 of the Universal Declaration of Human Rights, which guarantees that
‘everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers’.
 A third and more recent approach argues that national practice and increasing levels 
of 
international institutional support are sufficient to cover customary international law a
nd thus award internet access to the status of a human right '. 7

Regional associations have tremendous influence over many topics and could have a major
impact on the course of a guaranteed Internet access right. Such groups may help to persuade
other states to relax their limits on Internet access for people. Regional systems are now
working all over the world, including human rights organizations in Europe, the Americas
and Africa. The European Parliament has declared that access to the Internet is a fundamental
6
Bildt, C. (2012). Human Rights and Internet Governance. Internet & Society Collaboratory, [online] p.55.
Available at: https://dl.collaboratory.de/mind/mind_04berlin.pdf [Accessed 9 Feb. 2020].

7
Shandler RD Canetti, 'A Reality Of Vulnerability And Dependance : Internet Access As A Human Right'
[2019] israel law review http://file:///C:/Users/HP%2001/Downloads/ShandlerandCanetti-
ARealityofVulnerabilityandDependence-InternetAccessasaHumanRight%20(1).pdf accessed 9 February 2020
human right. Last year, the European Parliament introduced a reform package on
telecommunications that paved the way for better consumer rights, an open Internet and high-
speed Internet connections for all citizens. The package's two key provisions include -
promoting broadband access for all Europeans and supporting competition and investment in
next generation access networks. In a more recent move to improve Internet rights, the
European Union (EU) recently launched the Internet Freedom provision, which grants
European Union citizens the right to a ' fair and impartial process ' before any measures can

1
be taken to restrict their access to the Internet. By investing in internet infrastructure on a
larger scale, these organisations are facilitating the future growth of internet usage in poorer
societies which helps to establish internet access as a human right intentionally. 8

3. What effect internet has on developed and developing countries?

Digital technology is seen as vital to economic development around the world. The Internet
itself accounts for about six per cent of the entire economy in the U.S. alone. In recent years,
digital technology has extended its position in the global economy, with both developed and
developing nations increasingly relying on the internet.

Finland has taken on a leading role in internet rights activism. The Finnish Ministry of
Transport and Communications made Finland the first country to claim a legal right to one-
megabit broadband Internet access on 14th October 2009. Finland has a population of
approximately 5.2 million and is already one of the world's most linked nations. Ninety-five
percent of its people already have some form of Internet access.

In 2000, Estonia’s parliament passed a law declaring internet access a fundamental human
right for its citizens. It became the first country to adopt a system of e-governance changing
its cabinet meetings to paperless sessions using a web-based document system, affording
ministers the ability to take part from anywhere.

France’s highest court, the constitutional council, declared access to the internet to be a
human right. It is an essential tool for the liberty of communication and expression.

Spain has codified the legal right to broadband internet access of at least one megabit per
second for its citizens. The Spanish law focuses on unprofitable rural areas whose users

8
Hendlesmen JE Kalantar, 'LIFE, LIBERTY, AND INTERNET ACCESS: IS LOGGING ON A BASIC
HUMAN RIGHT?' https://ublawjil.files.wordpress.com/2014/07/7-life-liberty-and-internet-access-kalantar.pdf

accessed 9 February 2020

would not otherwise have access to broadband service. Part of the mandate is that the access
be affordable, especially in rural parts of the country.

Internet speeds in the United States are widely criticized as being slow by global standards.
United States has been the only industrialized country without a national plan for high –
speed broadband. According to the Organization for Economic Co-operation and
Development (OECD), there were 26.7 broadband Internet connections for every 100
Americans in the United States as of June 2009, which placed the United States 15th out of 30

1
OECD member nations. 9

Meltzer explained that understanding the Internet as a platform for international trade
highlights that this is no longer just an Internet-sector opportunity. The internet is seen as
positive influence over rights, it is especially true among countries in Sub-Saharan Africa and
Latin America. A medium of 53% across all the countries see internet as a good influence on
human rights, with a quarter saying it is bad.

In 2000, Bill Clinton optimistically challenged members of the Asia-Pacific Economic

Cooperation (APEC) forum to "turn the digital divide between and within our nations into
digital opportunities." Clinton's views encapsulate the understanding of the Internet by many
global leaders as both a growing problem and an increasing opportunity for developing
nations. The diversity of these developing countries, sadly, exacerbates the digital divide that
Clinton refers to. Problems ranging from cost of the network to cultural and language barriers
hinder efforts to develop the Internet.

Most of the approaches effectively addressing the lack of rural communications infrastructure
involve some form of public, community-based Internet access, rather than individual
Internet access. For instance, the telecommunications company of Mozambique, TDM, was
once owned by the state, but since 1992 it has become a publicly owned company as part of
the major economic reform to increase its productivity by making it autonomous. The truth is
that its continuing hegemony and stagnant existence have stopped it from being successful in
spreading and supporting internet access. The government of Mozambique takes a positive
view of fostering domestic support for the Internet. Although the urban minority currently
enjoys most of the telecommunications infrastructure in Mozambique, the government is
making significant efforts to link all its citizens with the Data Super-Highway.
9
Hendlesmen JE Kalantar, 'LIFE, LIBERTY, AND INTERNET ACCESS: IS LOGGING ON A BASIC
HUMAN RIGHT?' https://ublawjil.files.wordpress.com/2014/07/7-life-liberty-and-internet-access-kalantar.pdf
accessed 9 February 2020
 4. What can be done to ensure the Right to Internet Access?

The World Summit on the Information Society (WSIS) was held under United Nations
auspice in December 2003. The WSIS Declaration of Principles was adopted after extensive
discussions between governments, corporations and civil society leaders, reaffirming the role
of the Information Society in the protection and strengthening of human rights.

1
The WSIS Declaration of Principles makes specific reference to the importance of the right
to freedom of expression in the "Information Society" in stating:

“We reaffirm, as an essential foundation of the Information Society, and as outlined in

Article 19 of the Universal Declaration of Human Rights, that everyone has the right
to freedom of opinion and expression; that this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers. Communication is a fundamental social process, a basic
human need and the foundation of all social organization. It is central to the Information
Society. Everyone everywhere should have the opportunity to participate and no one should
be excluded from the benefits the Information Society offers.” 10

A survey of 27,973 people in 26 countries, including 14,306 Internet users11, conducted

between 30 November 2009 and 7 February 2010 for the BBC World Service found that
nearly four out of five Internet users and non-users around the world felt that Internet access
was a fundamental right. 50 percent agreed strongly, 29 percent agreed slightly, 9 percent
disagreed, 6 percent gave no opinion.12

Media coverage of the study indicated that La Rue had proclaimed Internet access itself to be
a human right by stressing that "the Web has become a crucial means of allowing individuals
to exercise their right to freedom of expression". In his report La Rue stressed that “the flow
of information via the Internet should be limited as little as possible, except in a few, very
exceptional cases.

In the summer of 2016, the UN Human Rights Council released a non-binding resolution
condemning the government's deliberate obstruction of internet access. The resolution
10
 "Declaration of Principles", WSIS-03/GENEVA/DOC/4-E, World Summit on the Information Society,
Geneva, 12 December 2003
11
 For the BBC poll Internet users are those who used the Internet within the previous six months.
12
“Internet access is a fundamental right” BBC News, 8 March 2010
reaffirmed that "the same rights people have offline must also be secured online". Recent UN
treaty bodies experience shows an increasing interest in ensuring access to the internet.
However, the Internet-related guidelines proposed under the Universal Periodic Review
Mechanism are as numerous as those relating to the right to food and the right to water – both
of which are well-established human rights. 13

4.1 Ensuring that internet access is broadly available and preventing unreasonable
restrictions:

1
Several countries have adopted laws that require the state to work to ensure that Internet
access is broadly available or preventing the state from unreasonably restricting an
individual's access to information and the Internet:

Costa Rica: A Costa Rican Supreme Court ruling of 30 July 2010 stated: "Without fear of
confusion, it can be said that these technologies [information technology and communication]
have affected the way humans interact, facilitating the connection between people and
institutions worldwide, and removing barriers to space and time. At this time, access to these
technologies is becoming a basic tool for promoting the practice of fundamental rights and
democratic participation (e-democracy) and citizens ' power, education, freedom of thought
and speech, online access to information and public services, the right to communicate
electronically and administrative accountability with government, among others. This
includes fundamental right of access to these technologies, mainly, right of access to internet.

Estonia: Parliament launched a massive program to expand access to the countryside in

2000. The Internet, the government claims, is essential to 21st century life and not providing
internet would be equal to infringing someone’s right to life.14

France: In June 2009, the Constitutional Council, France's highest court, proclaimed Internet
access a fundamental human right in a strongly worded decision defining portions of the
HADOPI statute, a law that would have monitored offenders and automatically cut off
network access for those who tried to download illegal material after two warnings without
judicial review.15

13
2016- UN resolution
14
"Estonia, where being wired is a human right", Colin Woodard, Christian Science Monitor, 1 July 2003

15
Top French Court Declares Internet Access 'Basic Human Right'". London Times. Fox News. 12 June 2009.
Greece: Article 5A of the Greek Constitution states that all individuals have the right to
participate in the Information Society and that the State has the duty to promote the creation,
distribution, dissemination and access to information transmitted by electronic means.

India: Kerala High Court held in September 2019 that the right to access the Internet is part
of the constitutional right to education and the right to privacy under Article 21 of the
Constitution.16

1
5. Conclusion:

This article expresses how the internet access is a human right and should not be prevented
due to unreasonable restrictions. Our Human Right to Internet Access cannot be stifled, and
as it grows we will be able to express political and social concerns to a wider sphere. We are
experiencing a digital millennium, and we must navigate ourselves into a respectable
Information Society. We must address the communication and knowledge gap between the
developing nations and the modern world, and ensure that human rights are not denied.

Many people have argued in recent years that the right to unfettered access to the Internet is
the modern equivalent of the right to similar technology of centuries ago. The U.N. The
special rapporteur on freedom of expression and opinion has stated that disconnecting people
from the Internet constitutes a violation of human rights. A number of countries, among them
Costa Rica, Estonia, Finland, France, Greece, Spain and India have asserted some right of
access in their constitutions or legal codes, or via judicial rulings.

List of References:

1. https://www.amnestyusa.org/is-internet-access-a-human-right/
2. https://www.brookings.edu/blog/techtank/2016/11/07/the-internet-as-a-human-right/
3. https://www.sciencealert.com/here-s-why-one-scientist-believes-free-internet-should-
be-a-basic-human-right
4. file:///C:/Users/HP%2001/Downloads/wang%20(3).pdf
5. https://www.ifla.org/files/assets/hq/topics/info-society/documents/
ig_guide_chapter_6.pdf

16
Access to Internet is a basic right, says Kerala High Court". The Hindu. 20 September 2019.
 6. https://www.cambridge.org/core/journals/israel-law-review/article/reality-of-
vulnerability-and-dependence-internet-access-as-a-human-right/
20B747C454E16B7257954C34D800807B
7. https://ublawjil.files.wordpress.com/2014/07/7-life-liberty-and-internet-access-
kalantar.pdf

Declaration of Originality
This is to certify, that the research paper submitted by me is
an outcome of my independent and original work. I have duly
acknowledged all the sources from which the ideas and
extracts have been taken. The project is free from any
plagiarism and has not been submitted elsewhere for
publication.

PRATIBHA DIXIT

COPYRIGHT CLEARANCE
10.02.2020

Dear Permissions Editor:

I am in the process of creating an article (“Isnt’t internet access a human right? . I would like your
permission to include the following material in this project:

1. \Edward S, “Is Internet Access a Human Right?” Amnesty International

2. Howell C and West DM, “The Internet as a Human Right ”[2016] Brookings

3. Neild D, “Should Free Internet Be a Basic Human Right? There's a Strong Case For It” [2019]
Journal of Applied Philosophy https://www.sciencealert.com/here-s-why-one-scientist-believes-free-
internet-should-be-a-basic-human-right

1
4. Wang T, “Human Right and Internet Access” file:///C:/Users/HP 01/Downloads/wang.pdf

5. Bildt, C. (2012). Human Rights and Internet Governance. Internet & Society Collaboratory,
[online] p.55. Available at: https://dl.collaboratory.de/mind/mind_04berlin.pdf

6. Shandler RD Canetti, 'A Reality Of Vulnerability And Dependance : Internet Access As A Human
Right' [2019] israel law review http://file:///C:/Users/HP%2001/Downloads/ShandlerandCanetti-
ARealityofVulnerabilityandDependence-InternetAccessasaHumanRight%20(1).pdf

7. Hendlesmen JE Kalantar, 'LIFE, LIBERTY, AND INTERNET ACCESS: IS LOGGING ON A

BASIC HUMAN RIGHT?' <https://ublawjil.files.wordpress.com/2014/07/7-life-liberty-and-internet-
access-kalantar.pdf>

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