Digital Rights
| Autor | Chris Wiersma |
| Páginas | 117-118 |
117
Digital Rights
26 Digital Rights
Chris Wiersma
In a framework of ‘digital citizenship’ (see Ribble, 2011), “[b]eing a full
member in a digital society means that each user is afforded certain
rights, and these rights should be provided equally to all members”
(id, 35). Digital rights are, in such a general sense, connected to
‘boundaries’ [which] “may come in the form of legal rules or regulations,
or as acceptable use policies” (id). Therefore, one of the key related
terms is responsibility, which also points to the idea that “those who
partake in the digital society would work together to determine an
appropriate-use framework acceptable to all” (id).
The term ‘digital rights’ is a concept that has gained recognition through
an evolving interpretation of rights recognized by governments all over
the world. It is worth noting there is a conspicuous lack of l definition
of the term. In fact, it is not specifically referenced in the definitions
provided by core documents of legal doctrine and policy-relevant
for the field of platform law and policy, particularly in treaty law,
international regulations or national Constitutions. However, claims are
progressively being brought in front of the courts or raised in political
debates emphasizing the importance of the digital environment.
At the same time, any general search for the term outside these arenas
of legal debate easily shows that the term gained major significance in
recent times. As the term is widely used in common parlance as well
as in all kinds of internet policy debates, advocacy, and legal practice,
it is beyond the scope of our definition to cover all the rights that have
been addressed in the above-mentioned law and policy context.
A common trait in its usage is the emphasis on the internet’s impact
on everyday life in our societies on a global scale, through the
pervasiveness of online human interaction nowadays. When striving
for a possible recognition by the institutions normally guaranteeing
fundamental rights, digital rights would be said to act as corollaries
of other rights that are available. For example, the UN Human Rights
Council in several consensus resolutions (2012, 2014, 2016, 2018,
2021) has (re-)affirmed “that the same rights that people have offline
must also be protected online, in particular freedom of expression”.
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