Kudratillayev Jakhongir Zokirjon ogli
Tashkent state university of law
E-mail: j.qudratillayev@tsul.uz
jakhongir.kudratillayev@gmail.com
Annotation:
This article is dedicated to a legal analysis of the constitutional foundations of the right to use the Internet. The role of the Internet in the modern world and the level of Internet access in different countries are comparatively analyzed.
The article examines the distinctive aspects of regulating Internet access freedom as a separate personal right, either at the constitutional or legislative level.
It is explained that the current times necessitate the regulation of Internet-related relationships, and that most future social interactions will take place on the Internet.
Additionally, the concepts of Internet freedom and the right to free Internet access are analyzed and explained based on scholars’ opinions. Specifically, the article substantiates the conditions that should be created by the state to ensure everyone’s unrestricted access to and use of the global Internet network.
The modern world is inconceivable without the Internet, which offers unique communication and information access capabilities. This year, the number of Internet users worldwide has approached 5 billion. At the same time, there is a significant “digital divide” between developed and developing countries, as well as between urban and rural areas.
Internet access is a universal telecommunications service, and the obligation to provide it falls on the state. Access to the Internet allows citizens to participate in social life and exercise their rights and freedoms. Restricting Internet access significantly reduces such opportunities. In the “real” world, there is a “digital reflection” of human rights, which is realized through the “virtual world.”
It follows that a person’s “online” rights and freedoms should be at least on par with their ability to exercise rights and freedoms “offline.” The challenge is that fundamental international legal documents on human rights and the rights and freedoms recognized in them were adopted long before the possibility of exercising these rights and freedoms online emerged. Access to the Internet can be viewed as a new “digital” generation of human rights. This has been acknowledged in articles by international legal scholars, both theorists and practitioners.
The Internet is the only contemporary, widely accessible means of searching for, obtaining, and disseminating information. It is an open, simple, and clear source of information that provides us with explanations about uncertainties in all areas, clarifying concepts that are abstract to our understanding.
Naturally, the number of people who need this resource is increasing day by day.
The 21st century has ushered in the era of the World Wide Web (www) as the primary source for searching, obtaining, and disseminating information, with its audience and sphere of influence continually expanding.
Today, there are over 5 billion internet users worldwide, accounting for 63% of the world’s population. These figures are increasing not only year by year but also day by day. This is because the boundaries of areas with access to the global Internet are expanding. The majority of people who do not use the Internet are located in areas that lack internet coverage.
Let’s consider the statistics of the Google search engine alone. Google is the world’s leading search engine on the Internet. Seven out of ten network users worldwide turn to this site to find information. The system processes 3.9 billion queries daily, 228 million every hour, and about 3.8 million every minute. This search engine, widely used by Internet users worldwide, was launched in September 1998.
The aforementioned facts demonstrate that in today’s developing world and in the context of globalization, the Internet is the primary means of searching for, obtaining, and disseminating information, and this cannot be denied.
The global Internet is not only a means of searching for, obtaining, and disseminating information but also a field where social relationships arise as a result of these activities. Since Internet users make up 63% of the world’s population, the Internet is also the primary arena where main social interactions occur, as individuals engage in social interaction directly through the internet. Because individuals engage in social interaction directly through the internet.
Therefore, we face new challenges today. It is necessary to regulate the basic rights, freedoms, and obligations related to the Internet, which will be the primary area where social relationships emerge in the coming years. The main focus should be on future goals and the principle of development.
The right to use the Internet and the level of Internet freedom are not uniform across countries worldwide.
Freedom House has published its latest annual report on the level of global Internet freedom.
Uzbekistan scored 27 out of 100 points in Freedom House’s 2022 Internet Freedom Report. This indicator is one point lower than last year. Iceland ranked highest with 95 out of a maximum of 100 points, followed by Estonia, Costa Rica and Canada.
Among the former Soviet Union countries, after the Baltic states, Georgia (77 points) also ranks among the countries with “free Internet.” It is noteworthy that Georgia surpassed countries such as Germany, Japan, and the United States in this regard. Ukraine and Kyrgyzstan also entered the list of “partially free” countries with 59 and 53 points respectively.
Uzbekistan ranks behind Azerbaijan (38), Kazakhstan (32), and even Belarus (28) on the list. (https://freedomhouse.org/report/freedom-net/2022/countering-authoritarian-overhaul-Internet)
What conditions should be created by the state for everyone to access the global Internet network and use it without restrictions?
Is the use of the Internet one of the personal rights and freedoms of an individual?
Is the Internet considered a source for searching, receiving, and disseminating information?
Must the state guarantee everyone’s free access to the global Internet network?
Can the rights to search, receive, and disseminate information, including through the use of the Internet, be restricted?
The right to access and use the global Internet network can be specifically defined as a personal right. That is, along with other personal rights, the right to access and use the Internet must be guaranteed and ensured by the state.
The topic of information has played an important role at all stages of human development. In today’s globalization processes, information is becoming increasingly relevant, and now ensuring the guarantee of searching, receiving, and disseminating information remains a specific task facing states.
UN member states ratified the “Resolution on Freedom of Expression on the Internet” of the UN Human Rights Council in 2012. It also set the aforementioned requirements for states to ensure everyone has unrestricted access to the Internet.
It should be noted that UN Special Rapporteur Frank La Rue emphasized, “Although access to the Internet is not recognized as one of the human rights, states must ensure access to the Internet for the exercise of freedom of speech, as well as other rights and freedoms through the Internet.”
Regarding the impact of digital technologies on human life, the following can be noted: The COVID-19 pandemic had a significant impact on internet traffic, with internet usage increasing by 35% in 2020. This is the largest increase in history.
In several European countries, the right to access the Internet is guaranteed at the constitutional level (Estonia, Greece, Portugal, Russia), as well as at the level of special laws (Finland, France, Germany).
It is advisable to establish specific restrictions on the use of the Internet as part of information searching and receiving activities. The reason is that clearly defined restrictions strengthen citizens’ rights to seek and receive information and prevent the violation of human rights through various destructive and malicious intentions.
At the same time, the state clearly defines a certain scope for individuals to exercise their rights when using the Internet. Citizens are obliged not to infringe upon the legitimate interests, rights, and freedoms of other persons, the state, and society while exercising their own rights and freedoms. It is also prohibited to search for, receive, and disseminate information aimed against the current constitutional order.
There is no specific prohibition on anyone using the global information network. Article 29 of the Constitution of the Republic of Uzbekistan states that everyone has the right to seek, receive, and disseminate information they desire. These rights do not apply to the disclosure of information aimed against the existing constitutional order, the protection of the rights and freedoms of others, public safety and order, as well as information recognized as state and other secrets.
Restrictions on the search, acquisition, and dissemination of information also apply to the following cases:
- disclosure of information that may cause moral or material harm;
- violation of privacy, that is, illegal collection or dissemination of information about private life that constitutes a personal or family secret without the person’s consent;
- dissemination of false information, that is, the spread of false information that degrades a person’s dignity or discredits them, or threatens public order or security.
These restrictions are also reflected in international documents, specifically: Article 19 of the Universal Declaration of Human Rights states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Article 19 of the International Covenant on Civil and Political Rights provides: ” (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” (3) The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
a) For respect of the rights or reputations of others;
b) For the protection of national security or of public order, or of public health or morals.”
Article 10 of the European Convention on Human Rights also elaborates on similar norms.
We remind you that in July 2021, access to TikTok and Twitter slowed down in Uzbekistan. On July 2, the use of some social networks, particularly TikTok, was officially restricted in Uzbekistan. In February 2022, it was proposed to completely block TikTok in Uzbekistan.
On March 16, 2022, Twitter and TikTok began working in Uzbekistan without VPN applications. However, access to social media was soon restricted again.
Such restrictions primarily violate personal rights and freedoms. At the same time, they lead to more negative consequences than positive ones. Because users are committing more serious offenses by using various VPNs to bypass “blocks” on the Internet, they are also accessing other dangerous and prohibited sources.
Therefore, any democratic state must ensure Internet freedom within its territory. Through the Internet, we exercise our rights and freedoms. This is our fundamental right. In other words, the right to use the Internet is a personal right. The state is the guarantor of citizens’ free and unhindered exercise of their rights. In general, how is Internet freedom ensured? Let’s look for an answer to this question by analyzing the opinions of several experts.
Sarkis Darbinyan, lawyer, advocate of the public project “Roskomsvoboda”: Internet freedom means that network users are not restricted by individual political regimes, corporations, or individuals in the global digital space. The existence and further development of Internet freedom are linked to users’ voluntary adherence to the rules of individual and collective communication and interaction. Freedom of access to the Internet is one of the fundamental rights granted to every user of the global network. This is the right to freely search, freely express opinions, and freely access content.
Ucha Seturi, Chairman of the Association of Small and Medium Providers of Georgia: Internet freedom is: First, the ability of an individual to express their opinion, that is, freedom of thought and speech. Second, a guarantee. Each user’s personal data must be protected. Third, minimizing government intervention and regulation. Government interference hinders the development of the internet, and this may not be easy to determine, but the development of online media should not be impeded and media resources should be given more freedom.
Giorgi Cyxymu Jakhaia, Georgian blogger: Internet freedom is: First of all, open and free expression of opinion by ordinary people. Additionally, open and free opinions should not be controlled or persecuted by the country’s special services and should be free from political or religious censorship. Internet freedom is the freedom to access various sources and obtain any legal information from open sources.
Adil Jalilov, Head of MediaNet International Journalism Center: Internet freedom is: Freedom of thought, freedom of speech, and the freedom to search for, receive, and disseminate information. Only taking into account the boundaries and contours. Boundaries are laws within the framework of international law (e.g., prohibition of child pornography, prohibition of promoting terrorism). A contour is the self-regulation of network users (who are operating legally). Here they set their own moral standards. Without self-regulation, no laws can function effectively or be developed in a timely manner. I think that in the near future, technologies will minimize the role of state regulation, and once again everything will be related to self-regulation.
Yuriy Zisser, Founder and co-author of the Belarusian Internet resource TUT.BY: Free Internet is: stable access at affordable prices from anywhere on Earth through the computer equipment and mobile devices that I have available. This is an unlimited opportunity to communicate quickly for business or friendship. As long as I don’t violate laws, intelligence agencies and resource moderators should maintain confidentiality and not interfere. This means the absence of paid “trolls” on the Internet, that is, “trolls” who post on political topics or in favor of a particular party. Free Internet is:
Stable access from anywhere on the planet through the computer equipment and mobile devices I have available at affordable prices. This is an unlimited opportunity to communicate quickly for business or friendship. As long as I don’t violate laws, intelligence agencies and resource moderators should maintain confidentiality and not interfere. This means the absence of paid “trolls” on the Internet, that is, “trolls” who post on political topics or in favor of a particular party, and finally, the fact that I am under the protection of the law when I am persecuted on the Internet, and the presence of rapid moderation of public resources.
Therefore, we can understand that Internet freedom is not only free access to the Internet but also the provision of appropriate conditions for its use. To ensure Internet freedom, it is necessary to create the following conditions:
- Equal freedom of access to the Internet throughout the country. That is, the level of Internet access should be uniform across the entire country, with the population in remote areas having equal ability to use it;
- Minimal fees for Internet usage by any individual. That is, everyone should be able to afford Internet access for their personal needs without difficulty, or this service should be provided free of charge;
- Establishment of a certain minimum speed for free Internet access and its provision by the state. That is, setting and maintaining a minimum Internet speed that allows for normal usage. In general, even with low Internet speeds, this right can be realized to some extent. However, excessively low speeds may also result in a violation of this right.
List of references (Normative legal documents):
- Constitutional Law: Textbook. Second edition, revised and reprinted. – Tashkent: Legal Literature Publishing, 2020. – 400 pages;
- The Constitution of the Republic of Uzbekistan;
- The Code of Administrative Responsibility of the Republic of Uzbekistan;
- The Criminal Code of the Republic of Uzbekistan;
