Digital rights : balancing the legal rights of different stakeholders on the internet

Abstract

The wave of the Internet and fast paced technological progress within this sphere has created a new way of life. Social norms have changed which in turn have called for legislative reforms in an attempt to adjust to the new trends brought about by the advancement of the Internet. The Internet has served as an important platform in the realisation of fundamental human rights and the perception of people in relation to the exercise of such rights on the Internet, has continued to gain momentum across the globe. Most notably, this notion could not have been illustrated more clearly than through the developments of the Arab Spring. The other side of the coin is that the advent of the Internet has give rise to property rights infringement. Copyright lobbyists have been pushing their interests forward which resulted in the enactment of anti-piracy laws and Court orders blocking Internet access, which in turn stifles the exercise of a number of rights of other parties. The Internet Service Provider’s right to conduct a business and the User’s right to exercise his freedoms over the Internet have all been affected by this, spurring a wave of different responses to the developments brought about by copyright interests. The appreciation towards fundamental rights has been gaining ground, prompting a fresh approach towards the attainment of a balance between the interests of all parties involved when dealing with the realm of the online world. This thesis concludes that whilst a perfect balance has not yet been established, practices which hinder the potential available on the Internet are proving to be ineffective and established legal principles which are ready available should be translated into new digital rights in order to enhance fundamental rights to their full extent.