Human rights in the digital era encompass privacy, freedom of expression, access to information, and protection against discrimination online. It involves balancing technological advancements with safeguarding fundamental human rights. Challenges arise due to surveillance, data privacy, cybersecurity, and the need for equitable internet access for all. Governments, tech companies, and individuals play roles in ensuring these rights are respected and protected in the digital landscape.

Human rights are not optional

Human rights are basic rights we have simply because we exist as human beings - they are not granted by any state. They range from the most fundamental rights that every being is entitled. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone.

They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others. Human rights range from political, social, economic, cultural etc. almost in every sphere of humans. It is also obvious that digital world, fastest growing area would also not stay separate from it. Globally and locally, today's information societies are underpinned by digital technologies.

These technologies enable applications that may be empowering for some people, allowing them to develop new ways of seeing the world around them. They are becoming familiar to people in all parts of the world. A total of 5.30 billion people around the world were using the internet at the start of 2023, equivalent to 65.7 percent of the world's total population. Internet users continue to grow too, with the latest data indicating that the world's connected population grew by 189 million users in the 12 months to October 2023.

Individuals not only need these rights in their societal dealings but also in the matters related to internet or digital world which is very much connected to their lives. Within the digital spaces, there are many opportunities for new forms of business and governance as well as for new forms of criminal or I want behaviour. They shape in many ways how people access and share information, form their opinions, debate, and mobilise – they have deeply transformed the "public square".

But they are equally used to suppress, limit and violate rights, for instance through surveillance, censorship, and online harassment. The digitalisation of our societies has, in many instances, eroded social protections, deepened inequalities, and exacerbated existing discrimination, in particular through the use of technologies such as facial recognition, robotics, digital identification and biotechnology. The Covid-19 pandemic revealed the potential of digital services which have enabled people to continue to interact and engage and have made us more resilient. But many questions remain about the consequences of this transformation and its impact on human rights.

Before going with the topic it is important to understand the meaning of what now regarded as digital rights or human rights in digital world. Digital rights to be human rights as applicable in the digital sphere. That is human rights in both physically constructed spaces, such as infrastructure and devices, and in spaces that are virtually constructed, like our online identities and communities. It encompass the fundamental rights and freedoms that individuals possess in the digital age.

These rights mirror traditional human rights but are adapted to the digital realm. They include the right to privacy, freedom of expression online, access to information and knowledge, the right to participate in digital culture, protection from discrimination in digital spaces, cybersecurity, and the right to access and use the internet as a tool for personal and societal development.

In the digital era, human rights face both unprecedented opportunities and challenges. The advent of technology has revolutionized how people communicate, access information, and interact with the world. The existence of threats to human rights due to rapid and unpredictable technological development determines the growing importance of certain fundamental rights, such as freedom of expression and privacy, which are particularly important for the exercise and protection of other types of rights, values, and legitimate interests.

The need to protect and safeguard digital human rights stems from the pervasive integration of technology in our lives. It ensures individuals' autonomy, prevents abuses of personal data, and upholds fundamental freedoms in an increasingly interconnected and technologically reliant world. Failure to protect these rights may result in surveillance, censorship, and exploitation in digital spaces, undermining individual liberties and societal progress.

Importance of such rights can be seen in the countries engaged in warfare. Open and secure internet access is a lifeline for civilians living in warzones or situations of active conflict. Social media platforms allow people to document human rights violations, to share real-time security updates and information with each other, to crowdsource humanitarian assistance, and to tell the world about what is happening on the ground.

Although, these rights possess great importance in our lives but they are not specifically protected in all countries unlike fundamental freedoms, which are now accepted as well as protected all over the world. Steps in this regard are now taken by different organisations and countries. In this series, in 2020, the Secretary-General launched two landmark initiatives that respond directly to the evolving digital era – A Call to Action for Human Rights, and a Roadmap for Digital Cooperation.

Each features digital human rights as crucial to a fair, safe and dignified future for humanity. This online resource hub is a direct response to both initiatives. Compiling the reports, analysis, and recommendations from the United Nations human rights mechanisms that seek to address human rights issues in the digital age.

Some of the basic human rights in digital space is given - First most thing which comes in the field of human rights in this digital era is equal availability of internet and other related resources, as it works as primary need of the current time. People should be able to access the Internet regardless of their income, their geographical location or their disabilities. The UN Human Rights Council recognises in a report that the right of access is essential to freedom of opinion and cities such as Mexico City already have programmes to establish a free internet network.

The digital divide exacerbates existing socio-economic disparities, limiting access to education, job opportunities, and essential services for marginalized communities. Bridging this gap is crucial to ensure equal participation and opportunities for all. Privacy stands at the forefront of concerns regarding violation of human rights. With the vast collection and utilization of personal data by corporations and governments, individuals' right to privacy faces continuous threats.

Surveillance programs, data breaches, and the monetization of personal information have highlighted the need for robust privacy protections. Moreover, the digital sphere has become a battleground for the freedom of expression. While the internet allows for unparalleled access to diverse perspectives and information, censorship, online harassment, and content moderation debates challenge the unrestricted flow of ideas. Balancing the need to curtail hate speech and disinformation while preserving free speech remains a complex task.

Cybersecurity is another significant concern in the digital age. As societies become increasingly reliant on interconnected systems, protecting individuals' and institutions' digital infrastructure from cyber threats becomes imperative. Failure to do so can lead to severe breaches of privacy, economic destabilization, and threats to democratic institutions.

In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. As ever more human beings, organizational systems and technical devices transition online, realising human rights in online settings is becoming ever more pressing. To safeguard human rights in the digital era, multi-stakeholder cooperation is essential. Governments, tech companies, civil society, and individuals must collaborate to establish transparent policies that protect privacy, uphold free expression, bridge the digital divide, and enhance cybersecurity. International frameworks and regulations also play a vital role in setting global standards for the protection of human rights online.

In conclusion, while technology has provided incredible advancements, it has also introduced complex challenges to human rights. Preserving privacy, upholding freedom of expression, ensuring equitable access to the internet, and fortifying cybersecurity are vital components in safeguarding human rights in the digital era. Only through concerted efforts and collaboration can we create a digital landscape that respects and protects fundamental human rights for all.

End Notes:

• https://www.accessnow.org/from-crisis-to-conflict-we-must-defend-digital-rights-when-people-need-them-most/
• https://www.legalserviceindia.com/legal/article-3342-human-rights-in-the-digital-age.html
• https://www.iberdrola.com/innovation/what-are-digital-rights
• https://www.hrw.org/news/2014/12/23/human-rights-digital-age

Written By: Shilpa Choudhary