RIGHT TO INTERNET AS A FUNDAMENTAL RIGHT

1. INTRODUCTION

The internet is a huge deal in our daily lives. Everyone is relied on the internet in some ways or the other either be it at home or in the office or at the clinic. In the constantly evolving worldof the digital age, the question of whether internet access should be seenas a fundamental right has become a topic ofdiscussion. The bench saidaccess to Internet is a fundamental right under Article 19 of the Constitution, subject to some restrictions and said freedom of press is a valuable and sacred right. [1] The necessity to address the impact of internet access on fundamental human rights has becomeimportant.Itdelvesinto the various aspects surrounding an understanding of the right to the internet as a fundamental right. Many people have different views of internet being a fundamental as it has both good and detrimental effect on the human population. The Supreme Court ruling is also in sync with the United Nations recommendation that every country should make access to Internet a fundamental right. In India, Kerala had become the first state in 2017 to declare access to Internet "a basic human right". [2]

Against this backdrop, the study critically explores arguments for and against recognizing the right to the internet. Opponents note worries about potential misuse and the need to balance individual rights with society objectives, while supporters emphasize the internets role in easing access to information, supporting freedom of speech, and bridging digital boundaries. As the world struggles with these concerns, the study seeks to provide light on the consequences of recognizing the right to internet access for democracy, civic involvement, and the expanding nature of technology.

2. PERSPECTIVE ON ITERNET ACCESS

A. HISTORICAL PERSPECTIVE ON INTERNET ACCESS

As time went by, humans evolved and so did the internet. first it was used as a form of communication across the globe but eventually it was designed into a more intricate tool that is a huge global network. Without internet, mankind now is restricted, as humans depend on it just like they depend on oxygen. The growth of the internet is a journey across time and is now the backbone of the civilization. The internet is a basic communication tool in its early stages, however as technical advances happened, the internet quickly evolved into a vital worldwide network.

B. INTERNATIONLA PERSPECTIVE ON INTERNET ACCESS

Different nations see the right to internet access differently, as the world is interconnected by digital threads of the internet. As we travel across countries and legal regimes, a kaleidoscope of foreign perspectives emerges. Some countries may make internet access a fundamental right, emphasizing its importance in modern life. Others may view it as a restricted privilege, carefully balancing individual liberties with larger society objectives.

3. THE RIGHT TO INTERNET AS A FUNDAMNETAL RIGHT

A. ARGUMENTS IN FAVOR

i. Access to information and knowledge:

Access to internet is necessary for individuals to obtain information. Internet acts as a democratizing force, enabling unparalleled access to education, news, and a wide range of viewpoints. This has helped everyone including students. The internet is the biggest teacher a student can have as if any doubt that person can easily rely on secured internet data and get knowledge. Internet shutdown is merely a blanket ban imposed by the state on access to Internet Service, either mobile or fixed line, and is not only a block on social media, but it also affects businesses, welfare schemes, education, and impact on Human Rights. In a developing economy like India shutting down Internet service is like closing all roads for the development of the economy and even shutting down all the banks at once. [3]

ii. Facilitation of freedom of expression:

The function of internet in enabling freedom of expression. Discussions on online platform as a forum for discourse, activism, and the exchange of ideas are included with an emphasis on how internet access helps to thrive the public. Many movements like #metoo and #blacklivesmatter all these are publicized through media and online internet-based platforms and has helped the world to take huge steps to make it a better place and help those in need.

iii. Right to privacy and online communication:

Internet connection is necessary for exercising ones right to privacy. People rely on internet for secure and private conversations, as well as legal frameworks might protect these rights in the digital age. People use internet to talk to anyone across the globe. This has helped so many people for examples someone can talk to a specialist doctor who lives in the other side of the globe to help cure a loved one. People who work in the army are far away from home and through online internet-based communications they can still stay in touch with their family and sense a feeling of home.

iv. Digital inclusion and addressing the digital divide:

Recognizing the right to internet access can help with digital inclusion and address the access inequities. It will investigate projects aiming at closing the digital divide and ensuring that underprivileged communities have equal access to technology. Technology 4.0 is what will define the world in the following years. The privileged are using it well but with it as a fundamental right even the underprivilege can use it to their advantage and make the economy of India better.

B. COUNTERARGUEMENTS

In light of the same, the Internet often becomes one of the only podiums where citizens can voice their grievances and place their thoughts with impunity and without fear of being harried at the hands of the State. However, bearing in mind the rampant Internet shutdowns that India has seen in the past decade paints a very gloomy picture of how the very basic and sanctified Fundamental Rights are not spared even at the hands of governmental high-handedness. [4]

i. Potential for misuse and harm:

There are many cons as well with pros of internet. The right to internet may expose society to possible abuse and harm. The internets vastness and anonymity make it an ideal environment for cybercrime, online harassment, and the spread of dangerous content also bullying. Many people claim that unlimited access may accidentally increase these bad elements and push people to make bad use of this. This endangers peoples well-being, privacy, and even national security if fallen in the wrongs hands of a wrong mind.

ii. Balancing individual rights with societal interests:

It is important to balance the rights of an individual and the goals of the society. While supporters of the right to internet emphasize individual liberties but does now see what other sees that it will jeopardize greater societal aims. To promote responsible internet use and defend communal interests such as public safety, social cohesion, and damage prevention, regulatory measures may be required.

iii. Digital inequality and the exacerbation of divides:

Right to internet access will worsen existing socioeconomic imbalances. Those without proper internet connectivity may find themselves progressively excluded as access to the internet become increasingly important for education, work, and political involvement. Critics say that the digital gap will perpetuate societal disparities, putting certain communities at a disadvantage in the digital age.

iv. Potential for government overreach and surveillance:

Another important counterargument is that the access without defined protections may give governments disproportionate authority to monitor citizens online behavior. They argue that this surveillance may violate privacy rights and undermine the values of a free and open society. Government has used their power raising concerns about the balance between national security imperatives and the right to private, unmonitored internet communication.

4. CONCLUSION

Internet access means access to actionable information, innovation best practices, access to finance and credit facilities, facilitation of entrepreneurship and an enhanced employment market. In terms of social benefits, internet access helps by facilitating and enabling an enhanced utility value of primary necessities, internet access can prove a useful accelerator in all social development objectives and targets of the Sustainable Development Goals. [5]

The question of whether internet access should be deemed a fundamental right has sparked a global conversation, reflecting the internet's dual nature as both an empowering force and a potential source of challenges. Arguments in favour highlight its role in democratizing information, fostering freedom of expression, protecting privacy, and bridging digital divides. However, counterarguments raise valid concerns about potential misuse, the need for a balanced approach between individual rights and societal interests, the exacerbation of digital inequalities, and the risks of government overreach and surveillance. Striking a nuanced balance is crucial, calling for thoughtful regulation, investment in digital literacy, and a commitment to harnessing the positive impact of internet access. As the world grapples with evolving technology, ongoing dialogue and adaptive regulatory frameworks are essential. The recognition of the right to internet access requires a careful balance to ensure that it contributes positively to individual well-being and societal progress in an inclusive and just manner.

5. REFERENCES

[1] Access to Internet is a fundamental right, rules Supreme Court, available at: https://www.thehindubusinessline.com/news/right-to-access-internet-is-a-fundamental-right-rules-supreme-court/article30531490.ece#:~:text=The%20bench%20said%20access%20to,a%20valuable%20and%20sacred%20right(last visited December 18, 2023).

[2] Internet access a fundamental right, Supreme Court makes it official: Article 19 explained, available at: https://www.indiatoday.in/news-analysis/story/internet-access-fundamental-right-supreme-court-makes-official-article-19-explained-1635662-2020-01-10 (last visited December 18, 2023).

[3] Right to Internet and Fundamental Rights, available at: https://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html ( last visited December 18, 2023).

[4] Right to Access to Internet in India: Fundamental Right, or a Glorified Privilege?, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3857364 (last visited December 18, 2023)

[5] Can the Right to Internet Access Flow From the Right to Life?, available at: https://thewire.in/rights/internet-access-fundamental-right (last visited December 18, 2023).