Digital Rights and

Law foto

Bhredipta Socarana
Adjunct Researcher CFDS

Friday, 29 September 2023

1
Understanding Rights and Sources of Rights

All human beings are born free and

equal in dignity and rights. They are
endowed with reason and conscience
and should act towards one another in a
spirit of brotherhood.

2
Understanding Rights and Sources of Rights

Naturalism Positivism

Universal, not entirely related

to applicable laws, related to Rights stipulated based on
moral and human conditions positive or written laws

Living in the Society – Codified into the Law

3
 Understanding Rights and Sources of Rights

Different Types of Legal Obligations

International Regional National

Obligation
• ICCPR  Freedom of Expression,
right to private communication,
freedom of assembly, right to life
• ICESCR  Rights for adequate
housing, rights to water and
sanitation, right to work
• Other rights under international
convention and treaty
Obligation Obligation
• ECHR  right to participate in • Derived from applicable laws
free election, Freedom of and obligations. Different laws
thought, conscience and and regulations, govern
religion, right to marry, right to different rights and obligations.
effective remedy • National laws and obligations
• ASEAN  no legally binding normally derived from
human rights resource applicable regional obligation
• African Human Rights and international obligations,
Convention  right to appeal, which states are subject into it.
right to defence, etc. 4
 Digital Rights
All human rights can be affected either adversely or positively through cyber means or in
cyber contexts. Human rights may not be equal with digital rights.

Human Rights in Digital Settings Digital-specific Rights

Specific rights emerged from the use of

‘Conventional’ human rights applicable
digital ecosystem. No global consensus yet.
in digital ecosystem. Adopting global
consensus on human rights.
• Right of access to • Right to be
• Freedom of • Right to work the Internet anonymous
expression • Right to life • Right to be • Right to encryption
• Right to privacy forgotten

5
Implementation on Digital Rights

Traditionally Contemporarily

Company/Multinational
company

Digital service
provider/platform

Traditionally, states/country is
responsible to provide protection and
fulfillment of human rights in their Individuals/grou
countries through their laws and p of individuals
policies.

6
 Implementation of Digital Rights
Normally, implementation of human rights or digital rights should be carried out in
accordance with the applicable laws and regulations. Individuals may carry out certain actions
if violation occur:

Request to Request to Court/File

Make it Viral
Digital Service Provider Complaint

Filing action against infringer File complaint to Government or

to digital service provider Court/Government Superior No Explanation is Needed

7
Thank You foto

Bhredipta Socarana
Adjunct Researcher CFDS

Friday, 29 September 2023