Further arguments for constitutional recognition of a right to access to the Internet
I posted my thoughts about constitutional recognition of the right of access to the Internet a little while ago. I came across an article on MyADSL which was published about a week before my post where a number of attorneys and local government officials argue for a similar right as a necessary part of government’s obligation to develop and protect citizens’ socio-economic rights. The comments were made at the recent TCI Broadband South Africa conference:
Charles Kuun, the manager of Tshwane’s digital hub, set the premise of his presentation by declaring that the Internet belongs to everyone.
He added that government has a responsibility to bring about socio-economic development. The goal driving Tshwane’s municipal area network is to use the ICT owned by the municipality to bring about social and economic development.
Brendan Hughes, from Michaelson’s law firm, further developed the idea of access to information and therefore the Internet as a constitutional right.
“In the 21st century information is power and there can be no empowerment without affordable access to information,??? said Hughes.
Hughes noted that whilst there are often costs involved in meeting certain rights, and the right to information is no different, the explanation of not being able to afford certain rights does not negate the fact that every individual has a right to access information.
The more we become dependent on the Internet to run our businesses and learn more about the increasingly connected world around us, the more important it becomes that access to the Internet at reasonable speeds be recognised as a necessity, a right even. It remains to be seen whether the government will move in this direction. Short of judicial recognition of the right to access to the Internet as a corollary to an existing right in the Bill of Rights, intervention by a significant majority of members of parliament would be required to introduce such a right into the Bill of Rights. This would require almost unprecedented multi-party co-operation and a genuine desire on the part of all political parties to work in the public interest, rather than their own.
Tags: constitutional amendment, right to access to the Internet, Internet access, bill of rights, socio-economic rights
Technorati Tags: bill of rights, constitutional amendment, Internet access, right to access to the Internet, socio-economic rights
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