Governments have no right to limit or hinder Internet access of its citizens as it, according to a report released by the United Nations, is an integral human right to have unrestricted access to the Internet. The report has been released in the wake of the recent Syrian government blockage of Internet connectivity because of political unrest and the usage of Facebook as well as other social media applications, such as YouTube, to organize and communicate about the uprising which began in March this year.

Earlier this year when Egypt struggled with political unrest their government cut off Internet access forcing people to use satellite communication to make their posts. In effect, governments can shutdown Internet in their country should the country be in a state of unrest and the security of the country threatened. The UN report, however, indicates that governments should respect access to the Internet and the freedom of speech which go along with such even during times of political unrest.

UK Proposes Restrictions

The UK is proposing the restriction of Internet access for copyright infringers. France followed the same proposals. The anti-piracy bill proposed in 2009, known as HADOPI called for French Internet Service Providers (ISPs) to give infringing customers two warnings before removing their Internet access rights. As such the ISP Orange has implemented a policy of limiting downloads by customers and has also implemented a system of monitoring downloads. The French ISPs have with that then become enforcers of the anti-piracy legislation and according to reports should receive compensation for their role in policing Internet usage.

The whole system has backfired in several ways including that of hackers sending mails to report so-called infringement and illegal downloading by innocent users. In addition, the problem of hacking the server has received a lot of spotlight. It does seem that such actions by governments to control the Internet access have been met with more than just discontent. Earlier this week, the Constitutional Court of France ruled that Internet access is a fundamental right and thereby has stopped the HADOPI effects.

Should Governments Have The Right To Restrict Internet Access?

Since the Internet doesn’t belong to anyone and spans the globe, one may argue that no government should be allowed to control access to and usage of the Internet since it is an individual right to information and communication. At the other end of the spectrum you have widespread infringement of trademarks and copyright, fraud, and spam which must be controlled. In addition, the power of social networks such as Facebook in a political struggle or even terrorism cannot be ignored. Naturally then, governments, especially the less friendly types, will want to exert as much control over the Internet as possible, but it cannot be done without violating some human rights of which Internet access is now one.

Frank La Rue of the UN emphasised in the report that Internet access should be a right that any citizen of a country should have as it is related to the right to freedom of expression. Governments, according to the report, should ensure more affordable and accessible access to Internet for its citizens. According to La Rue, several bloggers have already been imprisoned for their views and as such freedom of expression is not yet guaranteed on the Internet. The report has indicated concern about the monitoring powers granted to governments in the name of national security. The report is known in full as: “Rapport of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Frank La Rue”.

Information Source For Decision Making

Some countries, such as Estonia and Finland, have already established laws to protect the right to Internet access and usage thereof to freely gain information access for decision making purposes and to express opinions freely. Other countries such as China, Egypt, Syria, France and the UK, however, propose and or have showed restriction on Internet access rights of their citizens.

A recent survey done for the BBC by GlobeScan has shown that many citizens of China and the UK are in favour of some form of Internet usage and or access regulation whereas the majority of respondents in Nigeria have expressed opposition against any form of Internet regulation. The Digital Economy Bill proposed by the UK, also makes provision for limiting or slowing down of file sharer user connections whilst at the same time the EU has expressed that member states have no right to interfere with access to the Internet. The survey for the BBC showed that majority of respondents felt that Internet access should be a human right and the non-users felt that they should have access to it.

In South Korea the overall majority of the population already enjoys broadband Internet connectivity and most of respondents in the BBC survey there indicated that such should be a fundamental right. In Japan and even Mexico respondents indicated that they would not be able to function without Internet access. It may be possible to argue that access to food and water should be the focus of the UN as human rights, and that freedom of expression is already a human right, but that access to high speed Internet cannot be classified as a fundamental human right because it doesn’t affect the basic needs of society. In answer to that then one has to express that the right to education and information is embedded in having access to the Internet.

Usage of the medium may be regulated to protect against hacking, phishing, terrorist attacks and human trafficking, but monitoring usage of it to catch file sharers is simply over regulating the medium. Once governments get involved in regulating Internet usage, the privacy and right to communicate will be affected. Many people in South Africa don’t have Internet access and simply don’t even have access to clean drinking water, but the right to such should never be limited.

How do you feel about the issue of Internet access as a fundamental human right? Should the government have any say in the usage thereof and should the government have the right to restrict access should actions of the users create political instability in the country?