Originally conceived as a tool for sharing information, the Internet has become a global phenomenon. It has profoundly reshaped our world and how we live our daily lives. From connecting people across continents to transforming business practices, the Internet’s impact is undeniable. It has revolutionised how we communicate, interact, and access information, introducing new forms of social interactions and economic opportunities unimaginable a few decades ago. Given its integral role in the present day, it is no longer a luxury but a necessity. Recognising internet access as a fundamental right is essential for an individual to participate in today’s digital society. Moreover, ensuring universal access to the Internet is crucial for realising other fundamental rights, such as freedom of expression, education, and access to information, among others.

Internet Access: Key to Realising Other Fundamental Rights

One might think that fundamental human rights can be exercised without internet access. However, this notion underestimates the Internet’s profound impact on our lives. It has radically transformed how we communicate, interact, and acquire information. For instance, during political movements like the Arab Spring and the #MeToo movement, internet access was pivotal in mobilising protests, spreading awareness, and holding powerful entities accountable. The Internet enabled individuals to share their experiences and amplify their voices that might otherwise have been silenced.

Similarly, during the COVID-19 pandemic, internet access became essential for education as schools and universities worldwide shifted to online learning. Students without reliable internet access faced significant disadvantages, highlighting the Internet’s role in ensuring the right to education. The pandemic underscored that internet access is not just about connectivity but about providing equal opportunities for learning and participation in society. The stakeholders must prioritise universal internet access to safeguard the future of human rights. It empowers individuals to share opinions fearlessly and freely online, thus protecting and promoting fundamental rights in our increasingly digital world.

Global Perspective: How Countries Recognise the Right to Internet Access

Countries approach the right to internet access in varying ways, reflecting their unique legal frameworks, socio-economic conditions, and policy priorities. In this section, we examine how Greece, Costa Rica, and Nigeria have adopted different approaches to gain deeper insights into the global landscape of digital rights.

1. Greece

Article 5A, paragraph 2 of the Constitution of Greece discusses the right to participate in the information society. This provision is a part of a broader context emphasising fundamental rights in the digital age, reflecting the importance of accessing information through technology for all citizens. Article 5A, paragraph 2, reads as follows:

“All persons have the right to participate in the Information Society. Facilitation of access to electronically handled information and the production, exchange, and dissemination thereof constitutes an obligation of the State, as specified by law.”

Here, “Information Society” means a society where information is created and distributed through various digital mediums. The State must develop and maintain the necessary infrastructure and provide digital literacy to remove barriers to accessing digital information and services. The State’s role further expanded to create different frameworks to regulate content creation and measures to protect the freedom of expression online. The State must make specific laws to regulate the practical implementation of this constitutional right.

2. Costa Rica

Costa Rica has recognised internet access as a fundamental right since 2010. However, many disparities exist in the country, including geographical barriers. According to a 2020 report, 79% of rural and 87% of urban households had internet access.

In 2010, the Supreme Court of Costa Rica declared that access to the Internet is a fundamental right under Article 33 of the country’s Constitution. Thus, the State should promote and guarantee universal access to new technologies for Costa Rican citizens. The court also noted that access to new technologies was necessary to facilitate the enjoyment of other fundamental rights.

3. Nigeria

Nigerian statutes do not cover online expression largely, but some statutes deal with expression in a general sense. Some provisions cover a small part of how it works online. The Constitution of the Federal Republic of Nigeria (CFRN) provides for the fundamental right of freedom of expression. Section 39(1) states that:

“Every person shall be entitled to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference.”

Subsection (2) of Section 39 states that everyone has a right to own, establish, and operate any medium for disseminating information, ideas, and opinions. Thus, this subsection applies to online media as well.

Challenges and Controversies: Bridging the Digital Divide

While internet access is gaining recognition as a fundamental right, the digital divide remains a significant barrier to universal access. This divide, characterised by disparities in internet availability, affordability, and digital literacy, perpetuates social inequalities and limits the full participation of many individuals in cyber space. Governments and various non-profit organisations, among other stakeholders, have launched multiple local, national, and global initiatives to close the gap and promote digital inclusion for all.

1. Income and Affordability

A primary cause of the digital divide is income disparity, which directly affects the affordability of internet services. Initiatives like the US Affordable Connectivity Program (ACP) are making strides in providing low-cost internet access to underserved communities. ACP offers monthly discounts to low-income households, benefiting over 23 million families. Funded by the Infrastructure Investment and Jobs Act, this program is a part of the broader $65 billion effort to enhance broadband access and affordability across the United States. Similarly, the Alliance for Affordable Internet works globally to reduce broadband costs in developing countries through policy advocacy and partnerships, ensuring more people can afford to connect to the Internet.

2. Regional and Community-Based Solutions

Geographical barriers also contribute to the digital divide, with rural and remote areas often lacking the infrastructure for reliable internet access. Community Networks have emerged as a vital solution in these contexts, fostering local partnerships to extend connectivity. For instance, in Telangana, community-led WiFi initiatives have successfully connected thousands of households by leveraging local resources and community participation. Such projects demonstrate the power of grassroots efforts in bridging the digital divide and ensuring that even the most isolated communities can access the Internet.

3. Age and Digital Literacy

Digital literacy and the ability to effectively use online services are essential components of digital inclusion, particularly among older populations who may struggle with new technologies. Uruguay’s One Laptop Per Child (OLPC) initiative exemplifies a commitment to digital education and inclusion. By providing internet access and personal laptops to every student in public schools, this program has significantly improved digital literacy rates among students. Despite challenges in curriculum integration and teacher training, Uruguay’s model illustrates the transformative impact of investing in digital education. This initiative also highlights the importance of equipping the next generation with the skills to navigate the digital world.

4. Employment Status and Digital Empowerment

Employment status also influences digital access, with employed individuals often having better access to digital technologies than those unemployed or in precarious jobs. In Africa, initiatives like the Digital Economy for Africa (DE4A) and the Africa Digital Moonshot Initiative are working towards universal internet access by 2030. These programs emphasise affordable broadband, digital literacy, and community empowerment. They recognise that digital inclusion is not just about connectivity but also about creating opportunities for economic participation and growth.

Conclusion

The Internet has become an essential part of modern life, making its recognition as a fundamental right imperative. The pressing question is, are we doing enough to ensure universal access? Governments should invest in infrastructure for underserved areas and implement affordable connectivity programs to achieve universal access. Private organisations and corporations can collaborate on inclusive policies and provide affordable solutions.

Addressing the digital divide requires a multifaceted approach that includes policy reforms, community engagement, and investments in digital infrastructure and education. By promoting digital inclusion through affordable internet plans, community networks, and educational initiatives, we can move closer to a world where internet access is truly universal, empowering individuals and communities to participate fully in the digital era. The journey towards digital equity is ongoing, but the progress made through these initiatives provides a hopeful glimpse into a more connected and inclusive digital future.

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Harmannat Kour worked on an initial draft of this article during her internship with The Cyber Blog India team in May-June 2024. With contributions from Linet Christina Thomas.