Exploring the Nexus between Technologies
and Human Rights
14
The sessions lasted an average of three hours, with the time length varying based on
the number of participants. The questions can be divided into two main sections: digital
rights (definition and digital rights issues in the region/country), and the digital rights
movement (areas of work, challenges, strategies, and recommendations). In the first
section, because of the broad nature of the questions, discussions were structured using
a workshop style letting the participants express their opinions on post-it notes, clustering
the post-its according to theme, and finally using them as discussion points. The second
section was conducted in the style of a conventional FGD.
What is Digital Rights?
Digital Rights in the Literature
What is “digital rights”? While “digital rights” has been used in the context of digital
rights management, i.e., in managing intellectual property of digital content (e.g., Van
Tassel, 2016), this is not what this paper is interested in. Instead, we are looking at digital
rights in the context of rights advocacy in the digital era. While the term has been used
in academic papers and in practice, the definition of the concept is elusive, as this review
has only been able to find one comprehensive definition of digital rights. In a paper
that details a process of mapping the legal landscape for human rights online, Dheere
provides a working definition of digital rights, with the goal of establishing a reference
point of whether a law can be considered to affect digital rights or not:
“Digital rights” describe human rights – established by the Universal Declaration of
Human Rights, UN resolutions, international conventions, regional charters, domestic
law, and human rights case law – as they are invoked in digitally networked spaces.
Those spaces may be physically constructed, as in the creation of infrastructure, protocols
and devices. Or they may be virtually constructed, as in the creation of online identities
and communities and other forms of expression, as well as the agency exercised over
that expression, for example, management of personally identifiable data, pseudonymity,
anonymity and encryption. Such spaces include but are not necessarily limited to the
internet and mobile networks and related devices and practices. (2017, p.12)
Dheere emphasises that this definition is a work in progress, and no other definition has
been found so far. This should not be an indication of the lack of interest in the term or
that it is seldom used – indeed, digital rights has been used widely as a term for advocacy,
but rarely defined by the actors who use it, as observed by Dheere. It has been argued that
digital rights has not emerged as an academic field of its own, because most academic
writing on it is not anchored in strong theoretical frameworks, but drawn mainly from
empirical observations: on the opportunities and threats to established human rights
standards brought about by ICT, on case studies of digital activism, and on norm-setting
for human rights protections in the online space (Joergensen & Marzouki, 2015, cf.
Dheere, 2017).