Introduction
The right to internet has become increasingly important in the digital age, where access to information, communication, and services often requires internet access. Some countries have recognized access to the internet as a fundamental human right, while others have not.
The United Nations has stated that access to the internet is a fundamental human right and that; it plays a critical role in promoting freedom of expression, access to information, and the exercise of other human rights. The UN Human Rights Council has also passed a resolution affirming that access to the internet is a basic human right.
However, not all countries have recognized the right to internet as a fundamental right. In some countries, internet access may be restricted or censored for political or other reasons. In other cases, lack of infrastructure or financial barriers may limit access to the internet.
Ultimately, whether the right to internet is considered a fundamental human right will depend on the interpretation of international law and the values of each society. However, there is no doubt that access to the internet has become a vital component of modern life, and in this article we will explore where right to internet is a fundamental right and different take of countries on right to internet.
Countries take on this right to access to internet
Different countries have different views and policies on the right to internet. Here are some examples:
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Finland
Finland was the first country in the world to declare access to the internet a legal right in 2009. According to the law, every Finnish citizen has the right to access a 1 Mbps broadband connection as a basic service. In 2020, the government raised the minimum connection speed to 100 Mbps.
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France
In 2016, the French Constitutional Council recognized access to the internet as a fundamental human right. The Council stated that access to the internet is necessary for the exercise of freedom of expression and participation in democracy.
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India
In 2016, the Supreme Court of India declared access to the internet a fundamental right under the Indian Constitution. The Court ruled that access to the internet is essential for the exercise of freedom of expression and other fundamental rights.
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United States
The United States has not recognized access to the internet as a fundamental right. However, the Federal Communications Commission (FCC) classified broadband internet access as a Title II common carrier service in 2015, which gave the government greater regulatory power over internet service providers.
- China
China heavily regulates and censors the internet, and access to certain websites and services is restricted. The Chinese government does not recognize access to the internet as a fundamental right.
Overall, there is a growing recognition among some countries that access to the internet is a fundamental human right. However, there is still a lack of consensus on this issue among different nations, and policies and regulations regarding internet access vary widely depending on the country.
Cases related to right to access to internet
There have been several leading case laws regarding the right to access the internet. Here are a few notable examples:
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Anuradha Bhasin vs Union of India (2020)
This case was brought before the Supreme Court of India in response to the government’s decision to impose a communication blackout in the Kashmir Valley in 2019. The court ruled that; access to the internet is a fundamental right and that any restrictions on internet access must be reasonable and proportionate.
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Karakó vs Hungary (2016)
This case brought before the European Court of Human Rights in response to a Hungarian law that; required internet service providers to record certain types of data about their users. The court ruled that; the law violated the right to privacy and freedom of expression, as it allowed for the collection and storage of personal data without adequate safeguards.
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S. vs Facebook Ireland Limited (2015)
The court ruled that; the Irish Data Protection Commissioner had the power to investigate and remedy Facebook’s handling of user data, and that Facebook must comply with Irish data protection law.
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Center for Democracy and Technology vs Pappert (2004)
This case brought before the United States District Court for the Eastern District of Pennsylvania in response to a Pennsylvania law that; required internet service providers to block access to websites that contained material harmful to minors. The court ruled that; the law violated the First Amendment of the United States Constitution, as it placed an unconstitutional burden on protected speech.
These cases demonstrate the importance of the right to access the internet, and the need to balance this right with other legal principles, such as freedom of expression and privacy. They also highlight the role of courts in interpreting and protecting fundamental rights in the digital age.
Conclusion
Right to access to internet is a fundamental right under Article 21 of Indian Constitution. Internet access is as important as we need phone. Any mobile phone or any electronic thing without access to internet is just like an empty box. Nowadays people are completely dependent on the internet, without internet they cannot live. Access to internet was made a fundamental right because now people share their; views through internet and if there is censorship on that also then it would be breach of right to freedom of speech and expression.