Human Rights and the Digital Divide

The Internets importance for freedom of expression and other rights is due to its ability to allow users to create and share information. This book critically evaluates the goal of bridging the digital divide and concludes that there is a legal right to Internet access, but it is limited in scope. The 2012 Joint Declaration on Freedom of Expression and the Internet is aspirational and could be advanced in the future.

Format: Paperback / softback
Length: 248 pages
Publication date: 18 December 2020
Publisher: Taylor & Francis Ltd

The Internet's significance for freedom of expression and other rights is largely attributed to its ability to empower users to create and share information, rather than solely receive it. Within the framework of existing freedom of expression guarantees, this book critically examines the goal of bridging the digital divide, which refers to the gap between individuals who have access to the Internet and those who do not. Central to this analysis is the examination of two key questions: first, does there exist a legal right to access the Internet, and if so, what form does this right take, and to what extent does it extend? Second, if there is a legal right to Internet access, does it impose a legal obligation on states to address the digital divide?

To answer these questions, the book conducts a comprehensive examination of the debates surrounding the digital divide. It analyzes the history of this debate, including key events, legal developments, and policy initiatives. The book also examines case law from the European Court of Human Rights and the Inter-American Court of Human Rights, which have played a significant role in shaping the understanding of the right to access the Internet.

Furthermore, the book presents a case study of one digital inclusion program in Jalisco, Mexico, to illustrate the practical implications of the right to Internet access. The program aimed to provide access to the Internet and digital literacy training to marginalized communities in the region. By analyzing the program's implementation and outcomes, the book demonstrates how the right to Internet access can be realized in practice and the challenges that remain in achieving universal access.

In conclusion, this book establishes a critical foundation for advancing the goal of bridging the digital divide. It demonstrates that there is currently a legal right to Internet access, although its scope is limited. The 2012 Joint Declaration on Freedom of Expression and the Internet is an aspirational document that provides a framework for protecting freedom of expression online. However, more needs to be done to realize these aspirations, and human rights law can and should play a more significant role in addressing the digital divide.

Weight: 414g
Dimension: 156 x 234 x 20 (mm)
ISBN-13: 9780367728175