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Human rights in cyberspace


Human rights in cyberspace is a relatively new and uncharted area of law. There is very little voice as to the way human rights should be treated in cyberspace. It is estimated that over 40% of the worlds population are Internet users. Like no other medium the Internet allows individuals the ability to broadly publish information. Thus, the Internet has become an extensive platform for individuals to exercise the right to freedom of expression and information.

The United Nations Human Rights Council (HRC) has stated that the freedoms of expression and information under Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR)[1] include the freedom to receive and communicate information, ideas and opinions through the Internet.

An important clause is: Article 19(3) of the ICCPR, which provides that: The exercise of the right provided in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subjected to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health and morals.

The UN Human Rights Council has stated that "the same rights that people have offline must also be protected online" (mentioning in particular freedom of expression). It is widely regarded that this freedom of information must be balanced with other rights. The question is raised whether people's expectations of human rights are different in cyberspace.

Public privacy encompasses freedom of information and expression on the Internet on the one side, and security and privacy in cyberspace on the other side. In the context of cyberspace privacy means using the Internet as a service tool for private purposes without the fear of third parties accessing and using our data in various ways without our consent. The right to freedom encompasses the right of expression and is stated in several International Treaties. The right includes freedom to receive and impart information and ideas and to hold opinions without any state interference. It also includes the right to express oneself in any medium including exchanging ideas and thoughts through Internet platforms or social networks. Freedom means the right to political expression especially when it raises matters of public importance. Most democratic countries advance the instalment of the Internet for economical and communication reasons therefore, political expression is given some protection on the Internet. Some governments actively move to protect citizen's data on the Internet however, these intergovernmental agreements can lead to misuse and abuse of private data which in turn can affect many other fundamental freedoms and basic human rights. The challenge for governments is balancing private interests with rules against privacy and freedom rights for all.


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