Human Rights in the Global Information Society

Lecture 1
General characteristics, features and prospects of information society
development. Informational rights and legal guarantees of their
implementation.

Diana Dmytrenko
lecturer of the Department of Criminal Law and Justice of Chernihiv Polytechnic
National University
 1. Concept of
information society
• An information society is a society where the creation,
distribution, use, integration and manipulation of
information is a significant economic, political, and
cultural activity.
• The aim of the IS is to gain competitive advantage
internationally, through using information technology in
a creative and productive way. 
• People who have the means to partake in this form of
society are sometimes called digital citizens. 
• Closely related concepts are: the post-industrial society,
post-modern society, and network society. 
 2. History and ideas of IS
• The term has been in use since the 1970s, but has gained in popularity and
is now widely used in social and political policy. Sustained and
accelerated growth of media, of education provision and participation, as
well as computer communications technologies has led many to posit that
the attendant information explosion distinguishes a new epoch. The
information society is one in which information is the defining feature,
unlike the industrial society where steam power and fossil fuels were
distinguishing elements.
 2. History and ideas of IS
• While the term is used frequently, it is imprecise on inspection. 
• There are six analytically separate definitional criteria used by scientists on the
information society:
• 1. Technological. The most common definition is to highlight an increase in
information and communications technologies (ICTs) as signalling the
emergence of an information society. It is suggested, that ICTs both define and
create the information society. Technological measures appear robust, but on
examination they are vague (e.g. they range from photocopiers to PCs, the
Internet to video games, to digitalization in general).
 2. History and ideas of IS
• 2. Economic. This suggests that the information
society is one in which the contribution of
information businesses and trades (e.g. publishing,
entertainment etc) has expanded over time to now
outweigh manufacture and agriculture in terms of
contribution to Gross National Product. Generally
such analysts adopt the term information economy
to describe a situation in which information
industries command the major proportion of GNP.
2. History and ideas of IS
• 3. Occupational. This approach is most closely associated
with Daniel Bell's theory of post-industrialism. Bell's book
The Coming of Post-Industrial Society (1973) delineates an
information society as one in which most jobs are
informational. Thus occupations such as researchers,
lawyers, counsellors, and teachers are information intensive,
involving information production, analysis, and
communication, and the outcome is a changed condition
rather than an object. This is in contrast with industrial
society jobs such as machine operation and mining where the
product is a physical good and the labour is largely manual.
 2. History and ideas of IS
• 4. Spatial. Here the stress is on networks along
which information flows. Information networks
have profound effects on the organisation of time
and space, as well as on other relations, allowing
real-time communication on a planetary scale.
Manuel Castells's trilogy The Information Age
(1996–8) is the major statement of this position. It
is synonymous with what he terms a network
society.
2. History and ideas of IS
• 5. Cultural. This approach is one which
stresses the growth of symbols and signs over
recent decades, an information society being
one in which there is pervasive television,
advertising, a plethora of lifestyles, multiple
ethnicities, many hybridised musical
expressions, the world wide web, and so on. It
is associated closely with Cultural Studies and
interest in post-modernism.
2. History and
ideas of IS
• 6. Theory. This suggests that an
information society is one in
which theoretical
information/knowledge (that
which is abstract, generalisable,
and codified in texts) takes
precedence over the practical
and is constitutive of virtually
everything that is done. This is
contrasted with previous
societies in which practical
exigencies, know-how, and
custom predominated.
 3. Theories of IS
• Daniel Bell is perhaps the most famous sociologist of our time. He put
forth the concept of a post-industrial society or information age in his book
The Coming of Post-Industrial Society (1973). Later, he re-named this
concept the information society, for which he is generally considered as
the creator of the term (1979).
• By an information society, Bell means that we move from a producer of
goods (manufacturing) to service economy and that theoretical knowledge,
technology, and information become the major mode of commodity.
Information, and those who know how to create, assemble, and disperse,
are more valued than labor. Information is normally costly to produce, but
cheap to reproduce. That is, the cost of producing the first copy of an
information good (such as writing a book or recording a CD) is normally
quite costly, but reproducing those goods is often negligible.
 3. Theories of IS
• The main characteristic of post-industrial society, according to Bell, is the
codification of theoretical knowledge and the new relation between
science and technology. Main post-industrial developments are: the rise of
service sector, occupational changes, changes in professions and
education, growing role of financial and human capital, new forms of
infrastructure and knowledge theory of value. New form of society is
emerging, with changes in stratification system, economy, organisation
and consumption. 
 3. Theories of IS
• Manuel Castells calls these different interpretations related
to social, technological, economic and cultural
transformations the network society. He also recognises
the passage from industrial to information age related to
information technologies of communication and also
biological technologies. According to him, information has
replaced energy in determining productivity but also for the
elimination of space, as it can be seen in globalisation, and
for the real time feature of communication. Castells also
believes that networks are not a new feature in the form of
social organisation but they have become important in
decentralising operation and increased control. 
 3. Theories of IS
• The concept of the network society is closely associated with interpretation of the
social implications of globalisation and the role of electronic communications
technologies in society. The definition of a network society given by Manuel
Castells is that it is 'a society whose social structure is made up of networks
powered by micro-electronics-based information and communications
technologies.' As Castells shows in his book, historically, there have always been
social networks: the key factor that distinguishes the network society is that the use
of Information Communication Technologies helps to create and sustain far-flung
networks in which new kinds of social relationships are created.
 3. Theories of IS
According to Castells, three processes led to the emergence of this new social
structure in the late 20th century:
1. The restructuring of industrial economies to accommodate an open market
approach;
2. The freedom-oriented cultural movements of the late 1960s and early 1970s,
including the civil rights movement, the feminist movement and the
environmental movement;
3. The revolution in information and communication technologies.
 3. Theories of IS
• Alvin Toffler publishes The Third Wave (1980), to herald in the new culture
based on information. The central premise of Toffler's book is that human
history, while being complex and contradictory, can be seen to fit patterns
or what he calls three waves that describe the changes of civilisation:
1. Agricultural Society - the First Wave, that started in 2,000 B.C.
2. Industrial Society - the Second Wave, starting in 1750 A.D.
3. Information Society - the Third Wave, starting in 1950 A.D.
• He postulates that the transition from an: industrial society to an
information society can best be understood by looking back to the
transition from the agricultural society to the industrial society.
 3. Theories of IS
• In the book Toffler describes three types of societies, based on the concept of 'waves'—each
wave pushes the older societies and cultures aside.
• The First Wave is the settled agricultural which prevailed in much of the world after the
Neolithic Revolution, which replaced hunter-gatherer cultures.
• The Second Wave is Industrial Age society. The Second Wave began in Western Europe
with the Industrial Revolution, and subsequently spread across the world. Key aspects of
Second Wave society are the nuclear family, a factory-type education system and the
corporation. Toffler writes: "The Second Wave Society is industrial and based on mass
production, mass distribution, mass consumption, mass education, mass media, mass
recreation, mass entertainment, and weapons of mass destruction.
 3. Theories of IS
• The Third Wave is the post-
industrial society. Toffler says that
since the late 1950s most
countries have been transitioning
from a Second Wave society into a
Third Wave society. He coined
many words to describe it and
mentions names invented by
others, such as the Information
Age. 
 4. Okinawa Charter on Global
Information Society
• Okinawa Charter on global information society was adopted at the G8 (the
Group of Eight: Canada, France, Germany, Italy, Japan, Russia, United
Kingdom, United States + EU) summit in Okinawa in July 2000.
Participants agreed on several key principles, including:
• (a) promoting competition and opening markets for information technology
and telecommunications products and services;
• (b) protection of intellectual property rights;
• (c) commitment to using software in full compliance with intellectual
property rights;
• (d) importance of efficient telecommunications, transport, trade and
customs procedures;
4. Okinawa Charter on Global Information
Society
• (e) promoting cross-border electronic commerce;
• (f) adopting consistent approaches to taxation;
• (g) desisting from imposing customs duties on electronic transmissions;
• (h) promoting market-driven standards;
• (i) promoting consumer trust in the electronic market place;
• (j) developing effective and meaningful privacy protection for consumers, and 
• (k) developing electronic authentication, electronic signature, cryptography and other means to ensure the
security of transactions. 
• The G8 members also pledged themselves to making efforts to bridge the digital divide. They established a
Digital Opportunity Taskforce to promote global participation in the information society.
 5. Information rights
• Information rights covers the legal requirements for handling and re-using
information. It balances the principles of open access to information with
the protection of individual privacy and ownership rights.
The Right to Information (RTI)
• The right of access to information held by government bodies (RTI)
provides that individuals have a basic human right to demand information
held by government bodies. It derives from the right of freedom of
expression to “seek and receive information,” and is recognised worldwide
as a human right. Under this right, any person may make a request to a
public body; the body is legally required to respond and provide the
information,  unless  there  is  a  legally  compelling reason to refuse the
request.
 5. Information rights
• The RTI is “a requisite for the very exercise of democracy”.
Democracy is based on the consent of the citizens, and that
consent turns on the government informing citizens about
its activities and recognising their right to participate. The
collection of information by governments is done on behalf
of its citizens, and the public is only truly able to participate
in the democratic process when it has information about the
activities and policies of the government. The  RTI is also
an important  tool for countering abuses, mismanagement,
and corruption and for enforcing essential economic and
social rights. 
5. Information rights
• The right is typically recognised at the national level through constitutional
provisions and national laws. Some of this legislation has existed for more than
200 years.
• Section 6 of the Swedish Freedom of the Press Act (adopted in 1766) set the
principle that government records were open to the public by default and
granted citizens the right to demand documents from government bodies. 
• The  1789  French  Declaration  of  the Rights of Man called for information
about the budget to be made freely available: “All the citizens have a right to
decide, either personally or by their representatives, as to the necessity of the
public contribution; to grant this freely; to know to what uses it is put.” 
• Most nations have adopted laws in the past 20 years. Today, nearly  90 
countries around the world have adopted a national law or regulation that sets
out specific rights and duties for facilitating access to information.
5. Information rights
The following elements are typically found in national RTI laws:
1. A right of an individual, organisation, or legal entity to demand
information from public bodies, without having to show a legal interest in
that information.
2. A duty of the relevant body to respond and provide the information. This
includes mechanisms  for  handling  requests  and time limits for responding
to requests.
3. Exemptions to allow the withholding of certain categories of
information. These exemptions include the protection of national security
and international relations, personal privacy, commercial confidentiality, law
enforcement and public order, information received in confidence, and
internal discussions. Exemptions typically require that some harm to the
interest must be shown before the material can be withheld.
 5. Information rights
4. Internal appeals mechanisms for requestors to challenge the
withholding of information.
5. Mechanisms for external review of the withholding of information. 
This includes setting up an external body or referring cases to an existing
ombudsman or to the court system.
6. Requirement for government bodies to affirmatively publish some
types of information about their structures,  rules, and activities. This
is often done using information and communications technologies.
6. Human Rights in the Information Society
•According to Declaration of the Committee of Ministers
on human rights and the rule of law in the Information
Society of 13th May 2005. Human rights in the
Information Society are:
•4. The prohibition of slavery and forced labour, and the
•1. The right to freedom of expression, information and
prohibition of trafficking in human beings;
communication;
•5. The right to a fair trial and to no punishment
•2. The right to respect for private life and
without law;
correspondence;
•6. The protection of property;
•3. The right to education and the importance of
encouraging access to the new information technologies •7. The right to free elections;
and their use by all without discrimination; •8. Freedom of assembly.
7. The right to freedom of expression,
information and communication
• The right to freedom of expression, information and
communication
• You have the right to seek, receive and impart information and
ideas of your choice, without interference and regardless of
frontiers. This means: 
• 1. You have the freedom to express yourself online and to access
information and the opinions and expressions of others. This
includes political speech, views on religion, opinions and
expressions that are favourably received or regarded as
inoffensive, but also those that may offend, shock or disturb
others. You should have due regard to the reputation or rights of
others, including their right to privacy; 
 7. The right to freedom of expression,
information and communication
• 2. Restrictions may apply to expressions which incite discrimination, hatred or violence. These
restrictions must be lawful, narrowly tailored and executed with court oversight; 
• 3. You are free to create, re-use and distribute content respecting the right to protection of
intellectual property, including copyright; 
• 4. Public authorities have a duty to respect and protect your freedom of expression and your
freedom of information. Any restrictions to this freedom must not be arbitrary, must pursue a
legitimate aim in accordance with the European Convention on Human Rights such as, among
others, the protection of national security or public order, public health or morals, and must comply
with human rights law. Moreover, they must be made known to you, coupled with information on
ways to seek guidance and redress, and not be broader or maintained for longer than is strictly
necessary to achieve a legitimate aim; 
7. The right to freedom of expression,
information and communication
• 5. Your Internet service provider and your provider of online content and
services have corporate responsibilities to respect your human rights and
provide mechanisms to respond to your claims. You should be aware,
however, that online service providers, such as social networks, may
restrict certain types of content and behaviour due to their content policies.
You should be informed of possible restrictions so that you are able to take
an informed decision as to whether to use the service or not. This includes
specific information on what the online service provider considers as
illegal or inappropriate content and behaviour when using the service and
how it is dealt with by the provider; 
• 6. You may choose not to disclose your identity online, for instance by
using a pseudonym. However, you should be aware that measures can be
taken, by national authorities, which might lead to your identity being
revealed. 
 8. The right to freedom of assembly, association and participation 

• You have the right to peacefully assemble and associate with others using the Internet. In practice, this
means: 
• 1. You have the freedom to choose any website, application or other service in order to form, join, mobilise
and participate in social groups and assemblies whether or not they are formally recognised by public
authorities. You should also be able to use the Internet to exercise your right to form and join trade unions; 
• 2. You have the right to protest peacefully online. However, you should be aware that, if your online protest
leads to blockages, the disruption of services and/or damage to the property of others, you may face legal
consequences; 
• 3. You have the freedom to use available online tools to participate in local, national and global public
policy debates, legislative initiatives and public scrutiny of decision-making processes, including the right
to sign petitions and to participate in policy making relating to how the Internet is governed. 
9. The right to respect for private life and correspondence

• You have the right to private and family life on the Internet which
includes the protection of your personal data and respect for the
confidentiality of your correspondence and communications. This
means: 
• 1. You should be aware that, in using the Internet your personal
data is regularly processed. This happens when you use services
such as browsers, e-mail, instant messages, voice-over Internet
protocols, social networks and search engines and cloud data
storage services; 
• 2. Public authorities and private companies have an obligation to
respect specific rules and procedures when they process your
personal data; 
 9. The right to respect for private life and
correspondence
• 3. Your personal data should only be processed when laid down by law or when you have
consented to it. You should be informed of what personal data are processed and/or
transferred to third parties, when, by whom and for what purpose. Generally, you should
be able to exercise control over your personal data (check its accuracy, request a
correction, a deletion or that personal data is kept for no longer than necessary); 
• 4. You must not be subjected to general surveillance or interception measures. In
exceptional circumstances, which are prescribed by law, your privacy with regard to your
personal data may be interfered with, such as for a criminal investigation. Accessible,
clear and precise information about the relevant law or policy and your rights in this
regard should be made available to you; 
 9. The right to respect for
private life and
correspondence
• 5. Your privacy must also be respected in the
workplace. This includes the confidentiality
of your private online correspondence and
communications. Your employer must
inform you of any surveillance and/or
monitoring carried out; 
• 6. You can be assisted by data protection
authorities, which exist in a vast majority of
European countries, to ensure that data
protection laws and principles are upheld. 
 10. The right to education
• You have the right to education, including access to knowledge. This means: 
• 1. You should have online access to education and to cultural, scientific, scholarly and other
content in official languages. Conditions might apply to such access in order to remunerate
rights’ holders for their work. You should also be able to freely access publicly funded
research and cultural works in the public domain on the Internet, where available; 
• 2. As part of Internet and media literacy you should have access to digital education and
knowledge in order to exercise your rights and freedoms on the Internet. This includes skills
to understand, use, and work with a broad range of Internet tools. This should enable you to
critically analyse the accuracy and trustworthiness of content, applications and services that
you access or wish to access. 
11. Children and young people
• Children and young people have all the rights and freedoms outlined in
European Convention of Human Rights. In particular, because of age, they
are entitled to special protection and guidance when using the Internet. This
means: 
• 1. They have the right to freely express your views and participate in
society, to be heard and to contribute to decision making on matters
affecting you. Their views must be given due weight in accordance with
their age and maturity and without discrimination; 
• 2. They can expect to receive information in a language appropriate for
their age and training from your teachers, educators and parents or
guardians about safe use of the Internet, including about how to preserve
their privacy; 
 11. Children and
young people
• 3. They should be aware that content they
create on the Internet or content concerning
they created by other Internet users may be
accessible worldwide and could
compromise their dignity, security and
privacy or be otherwise detrimental to them
or their rights now or at a later stage in their
life. Upon their request, this should be
removed or deleted within a reasonably
short period of time; 
 11. Children and young people
• 4. They can expect clear information about online content and behaviour that is
illegal (for example online harassment) as well as the possibility to report
alleged illegal content. This information should be adapted to their age and
circumstances and they should be provided with advice and support with due
respect for their confidentiality and anonymity; 
• 5. They should be afforded special protection from interference with their
physical, mental and moral welfare, in particular regarding sexual exploitation
and abuse on the Internet and other forms of cybercrime. In particular, they
have the right to education to protect themselves from such threats. 
 References
1. Daniel Bell, The Coming of Post-Industrial Society, (New York: Basic Books, 1973)
2. Alvin Toffler, The Third Wave, Bantam book, Morrow, 1980, p.544
3. Declaration of the Committee of Ministers on human rights and the rule of law in the
Information Society CM(2005)56 13 May 2005. - URL:
https://www.coe.int/t/dgap/goodgovernance/Activities/Public_participation_internet_govern
ance/Declaration-Information-Society/011_DeclarationFinal%20text_en.asp

4. Okinawa Charter on the Global Information Society 2000. -URL:

https://www.mofa.go.jp/policy/economy/summit/2000/documents/index.html
5. Katz R. L. The information society: an international perspective / Raul Luciano Katz. –
New York : Praeger, 1988. – XVII, 168 p.