Human Rights, Digital Society and the Law: A Research Companion, 1st Edition (Hardback) book cover

Human Rights, Digital Society and the Law

A Research Companion, 1st Edition

Edited by Mart Susi


512 pages

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Hardback: 9781138493063
pub: 2019-06-19
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The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect – human rights in the Internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The Internet itself, in view of its cross border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the Internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals’ civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the Internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon

This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the Internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.

Table of Contents

Part 1: Right to the Internet and Rights Inside the Internet: Theoretical Dimension

1. Right of Access to the Internet: Global Approaches

Oreste Pollicino

2. Classical Civil, Political and Social Rights in the Internet

Molly Land

3. The Sameness of Human Rights Online and Offline

Michael O’Flaherty

4. Internet Vulnerability: Meaning and Implications to Human Rights Law

Martina Gillen

5. Right to Privacy Online

James Q. Whitman

6. Freedom of Expression Online

Bilyana Petkova

Part 2: Legislation, Judicial and Stakeholder Practices: Practical Dimension

7. The Main Challenges Related to Protecting Human Rights in the Internet

Basak Cali

8. Liability Regimes for Online Human Rights Violations

Daphne Keller

9. The Standard-Setting by International Policy Organs

Bart Schermer

10. Multistakeholderism: Meaning and Implications

Mart Susi

11. The Role and Practices of Online Stakeholders

Thomas Wischmeyer

12. Judicial Balancing of Human Rights Online: Doctrinal Issues

András Sajó

13. The Jurisprudence of the Court of Justice of the EU and the European Court of Human Rights towards the Internet

Robert R. Spano

15. The Internet Balancing Formula

Mart Susi

Part 3: Specific Issues Related to Human Rights and the Internet

16. The Right to be Forgotten and the Right to Erasure

Victor Mayer-Schönberg

17. The Challenges Related to Artificial Intelligence

Hin-Yan Liu

18. Combating Hate Speech Online

Jukka Viljanen

19. Online Security Technologies and Fundamental Rights Protection

Mireille Hildebrandt

20. The Question of Censorship

Dirk Voorhoof

21. The Right to Good Governance and the Internet

Muzammil M. Hussain

Part 4: Data Protection Issues

22. The Challenge of Personal Data Protection in the Digital Sphere and Global Responses

Graham Greenleaf

23. The Challenges and Opportunities Related to Big Data

Lorna McGregor

24. The European General Data Protection Regulation

Sandra Wachter

Part 5: Global Perspective

25. Asian Human Rights Law, Jurisprudence and Practices towards the Internet

Whon-il Park

26. South-American Human Rights Law: Jurisprudence and Practices towards the Internet

Oscar Puccinelli

26. African Human Rights Law and the Internet

Danwood Chirwa

About the Editor

Mart Susi is Professor of Human Rights Law at Tallinn University, Estonia.

About the Series

Routledge Research in Human Rights Law

This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / International
POLITICAL SCIENCE / Political Freedom & Security / Human Rights