Internet Access as Independent Human Right: The Approach of the International Law System and the Iranian Legal System

Subject Areas : Journal of Law and Politics

Khadije akrami ¹ , Hoda Ghaffari ² , Vali Allah Rostami ³ , Mehdi Rezaei ⁴

1 - Ph.D. Student in International Law, Department of public and International law, Faculty of Divinity, Political Science and Law, Science And Research Branch, Islamic Azad University(IAU), Tehran, Iran. [e-mail]
2 - Assistant Professor, Department of Public Law, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran. (Supervisor and Corresponding Author(:[e-mail]
3 - Associate Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. (Consultant Professor(:[e-mail]
4 - Assistant Professor, Department of Public Law, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran. (Consultant Professor(:[e-mail]

Received: 2021-03-11 Accepted : 2021-08-17 Published : 2022-03-21

Keywords: Right to Freedom of Expression, Right to Access to Information, Iranian Law System. , Human rights, Internet,

Abstract :

In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. It should be acknowledged, however, that in the system of international law and domestic law of Iran there is no independent human right or citizenship entitled the right to access the Internet.