The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.
History
In December 2003, the World Summit on the Information Society (WSIS) was convened under the auspice of the United Nations. After lengthy negotiations between governments, businesses, and civil society representatives, the WSIS Declaration of Principles was adopted, reaffirming the importance of the Information Society in maintaining and strengthening human rights:
1. We, the representatives of the peoples of the world, assembled in Geneva from 10–12 December 2003 for the first phase of the World Summit on the Information Society, declare our common desire and commitment to build a people-centred, inclusive and development-oriented Information Society, where everyone can create, access, utilize and share information and knowledge, enabling individuals, communities and peoples to achieve their full potential in promoting their sustainable development and improving their quality of life, premised on the purposes and principles of the Charter of the United Nations and respecting fully and upholding the Universal Declaration of Human Rights. ...
2. We reaffirm the universality, indivisibility, interdependence, and interrelation of all human rights and fundamental freedoms, including the right to development, as enshrined in the Vienna Declaration. We also reaffirm that democracy, sustainable development, and respect for human rights and fundamental freedoms as well as good governance at all levels are interdependent and mutually reinforcing. We further resolve to strengthen the rule of law in international in national affairs. The WSIS Declaration of Principles makes specific reference to the importance of the right to freedom of expression in the "Information Society" in stating:
3. 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 organizations. 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.
2009–2010: BBC World Service poll A poll of 27,973 adults in 26 countries, including 14,306 Internet users, conducted for the BBC World Service between 30 November 2009 and 7 February 2010 found that almost four in five Internet users and non-users around the world felt that access to the Internet was a fundamental right. 50% strongly agreed, 29% somewhat agreed, 9% somewhat disagreed, 6% strongly disagreed, and 6% gave no opinion.
2011: UN Special Rapporteur report In May 2011, the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, submitted a report to the UN Human Rights Council "exploring key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds of media". The report made 88 recommendations on the promotion and protection of the right to freedom of expression online, including several to secure access to the Internet for all. Other recommendations call on states to respect online anonymity, adopt privacy and data protection laws, and decriminalize defamation. La Rue's recommendations explained that:
67. Unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders. By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an "enabler" of other human rights, the Internet boosts economic, social, and political development, and contributes to the progress of humankind as a whole. In this regard, the Special Rapporteur encourages other Special Procedures mandate holders to engage on the issue of the Internet concerning their particular mandates. 78. While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights. 79. The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest. 85. Given that the Internet has become an indispensable tool for realizing a range of human rights, combating inequality, and accelerating development and human progress, ensuring universal access to the Internet should be a priority for all States. Each State should thus develop a concrete and effective policy, in consultation with individuals from all sections of society, including the private sector and relevant Government ministries, to make the Internet widely available, accessible, and affordable to all segments of the population. Media coverage of the report suggested that La Rue had declared Internet access itself a human right by emphasizing that "the Internet has become a key means by which individuals can exercise their right to freedom and expression". In his report, La Rue stressed that "There should be as little restriction as possible to the flow of information via the Internet, except in a few, very exceptional, and limited circumstances prescribed by international human rights law." La Rue also emphasized that "any restriction must be provided by law and proven to be necessary and the least intrusive means available for protecting the rights of others".
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