Recognising access to Internet as a human right

The internet is now the most powerful source of knowledge and enlightenment. While there appears to be no express right of general application to 'access the Internet' stipulated in any of the major international human rights instruments, it has been argued at the international level that such access is critical, particularly in terms of the right to freedom of expression, and in the redressing of structural disadvantages. Accordingly a number of countries have, in varying forms, formally recognised human rights to access the Internet.
The Internet has revolutionised the way people interact and exercise their freedom of expression and information and other related fundamental rights. When the World Wide Web was first developed in 1990s, it transformed internet from a technological infrastructure into a popular network linking people in diverse communities throughout the world. The ready availability of information on every conceivable subject, combined with advancements in digitisation, has made the Internet a revolutionary tool.
A poll for the BBC World Service suggested that almost four in five people around the world believed that access to the internet is a fundamental right. The survey - of more than 27,000 adults across 26 countries - found strong support for net access on both sides of the digital divide. In a survey by Centre for International Governance Innovation and conducted by global research company Ipsos, it was found that an overwhelming majority of internet users around the world-83 per cent-believe that affordable access to the Internet should be considered a human right.
Frank La Rue, a special rapporteur to United Nations (UN), has said that internet access is a Human Right. La Rue noted that in some countries where internet access is widely available, online content may be heavily restricted. In other countries, where online content is not restricted, internet may not be accessible to majority of the population.
Tim Berners-Lee, the computer scientist credited with inventing the worldwide web, has also said that the internet should be seen as a basic human right. That means guaranteeing affordable access for all, ensuring internet packets are delivered without commercial or political discrimination, and protecting the privacy and freedom of web users regardless of where they live.
The Parliamentary Assembly of the Council of Europe believes that internet should be available to all regardless of age, place of residence or income, and that stronger efforts are necessary at local, regional, national and European levels in order to ensure internet access for all.
However, Vint Cerf, Google's Chief Internet Evangelist, recognised as a "father of the Internet," has contended that internet access is not a human right. His argument seems to boil down to the idea that "technology is an enabler of rights, not a right itself." Improving internet is just one means, albeit an important one, by which to improve the human condition.
Internet access has been transformed from a communication forum accessible only to a selected few into a mainstream medium for managing banking, health care, work and administrative issues. What these changes specifically entail is difficult to decipher as the transition into information society is still work in progress. The level and pace of technological progress varies substantially from country to country. In the forerunner countries, such as Scandinavia, almost all households have internet access, whereas in other European countries the broadband penetration rate does not extend to the same level. Courts and parliaments in countries like France and Estonia have pronounced internet access a human right. The Finnish Government launched the "Broadband 2015 project", so that in 2015, more than 99 per cent of the population are no further than two kilometres from a 100 Mbit/s fibre-optic or cable network.
On the other hand, the Internet came late to Bangladesh with connectivity in 1996. It has grown dramatically in the last few years, although obviously from a very low base. The rapid growth of information and communication technologies (ICTs) in Bangladesh is providing new opportunities for the country's development. The government sees ICTs as enabling development and intends to use such technologies as a key driver of socio-economic development. This view is reflected in its "Digital Bangladesh" plan to build a knowledge-based society and transform Bangladesh into a middle-income country by 2021.
In line with Digital Bangladesh, it would be a fitting step to recognise (either via legal rule or judicial ruling) access to internet as a human right. This would ensure that the standard of Bangladesh is somewhat equal to that of the other developed countries, and hasten the country's integration in the global economy and knowledge society.
It would be difficult in future to participate fully in today's world without an open, available Internet. Knowledge for research, science and education can best be disseminated in the online environment. The general public, who want to advance their knowledge and educational levels, can do so by using internet. Internet access hence facilitates the realisation of cultural, civil and political rights. In a democratic society, access to internet is very important. Wider dissemination of knowledge contributes to more inclusive and cohesive societies which will foster equality of opportunities. Frank La Rue has said that Internet has become an indispensable tool for realising a range of Human Rights, combating inequality, accelerating development and human progress; and one of the most powerful instruments of 21st century for increasing transparency in the conduct of the powerful, access to information and knowledge, and for facilitating active citizen participation in building democratic societies.
A plethora of acts, policies and guidelines are in place, some are more robust than the others, which is guiding the country towards the realisation of Digital Bangladesh. The Digital Bangladesh initiative of the government is already helping to set up  infrastructure for enhanced connectivity, ICT-based citizen service delivery and ICT-based education system. Then why not recognise access to internet as a Human Right?

Lutfun Nahar,  Bar-at-Law, is an Advocate, Supreme Court of Bangladesh and former Assistant Attorney General of Bangladesh.
Lutfun Nahar [email protected]