The Internet: Human Right or Privilege?

The Office of the High Commissioner for Human Rights (OHCHR) defines human rights as ‘rights inherent to all human beings’. It is a fundamental right belonging to an individual simply by virtue of being human. In contrast, a privilege can be understood as something that is granted rather than inherently owed to humanity.

This raises an important question: is access to the internet now an essential human right, or should it instead be regarded as a privilege that can be restricted or taken away?

The UN's Recognition of Internet Access

Back in 2011, the United Nations Human Rights Council (UNHRC) released a report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The report by the United Nations (UN) recognised that restrictions on internet access could interfere with fundamental rights. However, the report placed considerable emphasis on freedom of expression, which is only one aspect of human rights. Relying heavily on this right as the justification for treating internet access as a human right therefore leaves some questions unanswered.

The declaration of the internet as a human right is exciting and it shows development within international human rights development. Although there is still a long way to go, this is only a starting point. There are still other issues to be addressed such as the effect this will have on incriminating activities, the role of state security, and prosecution within the World Wide Web. It is almost a parallel universe to the real world and so, applying real life laws to the internet is something new. Only time can tell whether it will work but what’s certain is that there needs to be a robust set of international laws to apply effectively.

Is Internet Access Essential?

In the 2011 report, the UN described the internet as providing ‘access to information and knowledge that was previously unattainable’. Through the internet, individuals can access news, communicate with others, socialise and obtain education.

It could be argued that internet access has become a modern necessity. There are now relatively few areas of modern life that are unaffected by the internet.

Rights v Regulations

The heart of international human rights is contained in the International Bill of Human Rights. It consists of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The bill sets out all the rights that are universally ‘inherent’ to everyone all over the world. A few examples which can be found within the UDHR include: ‘the right to freedom of thought, conscience, and religion’ (Article 18) and, a ‘right to nationality’ (Article 15). These are examples of rights that are exercised through the internet. People are able to create platforms to connect people of the same nationality, beliefs and religions from all over the world. Through blogs and social media people may express their opinions about anything.

Taking away access to the internet would deprive individuals of these universal human rights. Conversely, unrestricted access to the internet can also create challenges for social order. Those who think that the internet should be a privilege will argue that access to the internet being a human right is limited. It is subjected to a number of factors such as state supremacy, preventing mockery of countries, and for the sake of national security.

Some will argue that the advancement of the internet has reached a level which has meant that humanity is now heavily dependent on it. Although it seems far fetched, it can be said that the importance of the internet has made it the central functioning organ for human advancement.

Human rights are progressing rapidly and so is the way that humans have evolved. Human rights should also grow with the changes of the modern world to include access to the internet. This may seem naive since not everyone has electricity around the world. However, taking into consideration the rate at which human beings are advancing day by day, the prospect seems likely. There needs to be just the right amount of balance to allow for human progression while respecting national laws.

Censorship in China

Recent events may hinder the declaration of access to the internet being a human right. The succession of whistle-blowing cases has illustrated that perhaps there needs to be limitation to access to the internet for the sake of national security. Furthermore, if the internet is a basic human right, does that mean that prisoners should also have access to it? From that perspective, some may argue that the internet should be a privilege.

China provides an example of a state where access to the internet is heavily regulated and censored. Access to the internet is censored in the PRC and there are a number of legislations and measures in place. The government has also been under scrutiny from Human Rights organisation Amnesty international who has nicknamed this as ‘the great firewall of China’. Not conforming to the regulations and criticising the government in China has led to imprisonment. There is constant regulation on the activities of citizens on the internet and, consequently, inhibiting fundamental freedoms, such as the freedom of expression (Article 19 UDHR). This raises questions about the extent to which China's approach is compatible with its international human rights obligations.

The Human Rights Watch’s World Report 2013 of China stated that more people are challenging the censorship barrier. This has been increasingly done through: ‘advocating for the rule of law and transparency, exposing official wrongdoing, and calling for political reforms’.

The Future of Internet Human Rights

The UN's recognition of the relationship between internet access and human rights demonstrates how international human rights law is adapting to the realities of modern life. However, significant questions remain about the universality of an internet-based right when millions of people still lack reliable access to the internet. There are also difficult questions surrounding censorship, national security, criminal activity and the extent to which states should be permitted to restrict online activity.

The development of international human rights law in relation to the internet is therefore still at an early stage. The challenge will be to establish an appropriate balance between protecting individuals' fundamental rights and allowing states to maintain security and social order