Exploring the Nexus between Technologies
and Human Rights
18
however, these are digital devices that make use of digital technologies and therefore are
still considered as “digital”. It is worth mentioning that the conceptual fuzziness between
online and digital is present also in academic literature. The terms of digital rights and
Internet freedom, for example, have often been used interchangeably to refer to the same
thing8.
The nuance between “online” and “digital” points at two different views of what “digital”
means, forking the discussions on the topic into two directions. The first is to view the
digital and online as spaces which stand separate from spaces that are analogue, or offline
(e.g., “human rights as it is effected in digital spaces and technologies” (A1), “ensure
human rights online are same as offline” (A2), and “civil, human, labour, consumer rights
in the digital environment” (A3)). In this viewpoint, the translation of existing human
rights into these spaces is the basis of digital rights – one respondent claimed that there
are no new rights, only a different application and interpretation of existing rights into
digital spaces.
The second viewpoint sees the digital as a data representation of physical entities. A
definition provided by another respondent, drawing from his organisation’s understanding
of digital rights, was that digital rights are “basic principles protecting representational
entities in digital spaces” (A5). In this view, digital rights infringements on individuals
happen when their data is mistreated, hence, one “protects the analogue by protecting the
digital” (A6). These two views of the digital can be applied to some of the rights listed
in Section B of Table 2, as rephrased and categorised in Table 3. The separation of these
two different paradigms of the digital enables us to achieve a clearer view of digital rights
according to different standpoints. One view seeks to adapt existing rights into a different
space, and the other addresses “new” rights that focus on the centrality of digital data.
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One example from the literature can be seen in a paper by Remensperger et al. (2018) titled “Using
research in digital rights advocacy”, subtitled “Understanding the research needs of the Internet freedom
community”, implying that digital rights and Internet freedom are one and the same.