HUMAN RIGHTS APPROACH TO INTERNET ACCESS WITH A SPECIAL EMPHASIS ON THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

As one of the most important technological inventions, the internet has significant implications for human rights. These implications can be useful in terms of ensuring the protection of human rights. However, at the same time, advances in technical innovations raise major concerns about the possible influence on human rights. Concerning this fact, an additional challenge is referring to the question of whether is it necessary to address access to the internet as a human right. In 2011, the United Nations viewed internet access through the prism of human rights for the first time when the Human Rights Council adopted the Special Rapporteur's Report on the Promotion and Protection of the Right to Freedom of Opinion and Expression. Since that moment, there has been an ongoing debate about whether we are witnessing the process of the recognition and operationalization of a new human right. Is the right to access the internet an autonomous right or it could be seen only as a part of existing human rights, primarily, in respect of freedom of expression? The paper will contribute to the ongoing discussion by providing analysis and insights into the main features related to the human rights approach to internet access with the special attention devoted to the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The scope of the paper is to clarify whether the right to internet access can be assessed regarding effective protection primarily in front of the European Court of Human Rights.