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


400 pages

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Hardback: 9781138493063
pub: 2019-06-18
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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

1. Introduction

    Human rights in the digital domain – the idea of non-coherence theory, Mart Susi

    2. Right to the Internet and rights inside the Internet – theoretical dimension

    The sameness of human rights online and offline, Miloon Kohtari

    Right of access to the Internet – global approaches, Carolina Aguerre

    The right to privacy: the end of privacy death anxiety, Jonathan Penney

    Freedom of expression online, Matthias C. Kettemann and Wolfgang Benedek

    The digital disruption of human rights foundations – Hin-Yan Liu

    3. Legislation, judicial and stakeholder practices – practical dimension

    The main challenges related to protecting human rights in the Internet - Changrok Soh, Daniel Connolly and Seunghyun Nam

    Liability regimes for online human rights violations, Sten Schaumburg-Mülle

    Multistakeholderism – meaning and implications, Joanna Kulesza

    Judicial balancing of human rights online, Oreste Pollicino and Oleg Soldatov

    The role and practices of online stakeholders, Thomas Wischmeyer

    The jurisprudence of the ECJ and ECtHR regarding data protection in the Internet, Carsten Wulff

    The Internet Balancing Formula, Mart Susi

    4. Specific issues related to human rights and the Internet

    Human rights and the right to be forgotten, Ugo Pagallo and Massimo Durante

    Finding a judicial definition of journalism: a challenging exercise in the digital age, Ellen Hovlid

    Combating hate speech online – Jukka Viljanen, Professor, Tampere University

    European copyright and human rights in the digital sphere, Christina Angelopoulos

    Digital security and human rights. A plea for counter-infringement measures, Mireille Hildebrandt

    5. Data protection issues

    The challenge of personal data protection in the digital era and global responses -Alexandros Varveris and Fereniki Panagopoulou

    Data protection in the private sector: convergence or localization of rights and expectations? W. Scott Blackmer

    The protection of personal data in a digital society: the role of the GDPR, Tiina Pajuste

    6. Global perspective

    Africa, the Internet and human rights, Cathleen Powell and Tobias Schonwetter

    The approach of North American courts towards the Internet, David Stewart

    Asian human rights law, jurisprudence, and practices towards the Internet, Satoshi Yokodaido

    Latin American human rights law jurisprudence and practices towards the Internet, Oscar Raúl Puccinelli

    Russian perspective on human rights protection online, Dmitry Dedov

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