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The Internet's importance for freedom of expression and other
rights comes in part from the ability it bestows on users to create
and share information, rather than just receive it. Within the
context of existing freedom of expression guarantees, this book
critically evaluates the goal of bridging the 'digital divide' -
the gap between those who have access to the Internet and those who
do not. Central to this analysis is the examination of two
questions: first, is there a right to access the Internet, and if
so, what does that right look like and how far does it extend?
Second, if there is a right to access the Internet, is there a
legal obligation on States to overcome the digital divide? Through
examination of this debate's history, analysis of case law in the
European Court of Human Rights and Inter-American Court of Human
Rights, and a case study of one digital inclusion programme in
Jalisco, Mexico, this book concludes that there is indeed currently
a legal right to Internet access, but one that it is very limited
in scope. The 2012 Joint Declaration on Freedom of Expression and
the Internet is aspirational in nature, rather than a
representative summary of current protections afforded by the
international human rights legal framework. This book establishes a
critical foundation from which some of these aspirations could be
advanced in the future. The digital divide is not just a human
rights challenge nor will it be overcome through human rights law
alone. Nevertheless, human rights law could and should do more than
it has thus far.
It's 1963, and Chief Riley Bennett knocks on Dody Canfield's door
informing her that her husband died instantly when his car struck a
telephone pole. Not wanting to raise her three children alone, it
isn't long before she brings home Frank Billings; and he's moving
in. Mama sends thirteen-year-old Missy to take her little brother,
Billie, fishing so she can have some alone time with Uncle Frank.
Billie casts his line into the murky river water hooking the big
one; granddaddy of all fish. He quickly hands the reel to Missy
hoping not to lose his catch. Missy reels in slowly--bubbles begin
emerging--releasing an undercurrent of secrets, deadly lies, and
terror on the Canfield family.
The Internet's importance for freedom of expression and other
rights comes in part from the ability it bestows on users to create
and share information, rather than just receive it. Within the
context of existing freedom of expression guarantees, this book
critically evaluates the goal of bridging the 'digital divide' -
the gap between those who have access to the Internet and those who
do not. Central to this analysis is the examination of two
questions: first, is there a right to access the Internet, and if
so, what does that right look like and how far does it extend?
Second, if there is a right to access the Internet, is there a
legal obligation on States to overcome the digital divide? Through
examination of this debate's history, analysis of case law in the
European Court of Human Rights and Inter-American Court of Human
Rights, and a case study of one digital inclusion programme in
Jalisco, Mexico, this book concludes that there is indeed currently
a legal right to Internet access, but one that it is very limited
in scope. The 2012 Joint Declaration on Freedom of Expression and
the Internet is aspirational in nature, rather than a
representative summary of current protections afforded by the
international human rights legal framework. This book establishes a
critical foundation from which some of these aspirations could be
advanced in the future. The digital divide is not just a human
rights challenge nor will it be overcome through human rights law
alone. Nevertheless, human rights law could and should do more than
it has thus far.
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