All over the world people are spending most of their life browsing through the internet. It’s where we get news, communicate with friends, shop and increasingly receive government services. For those who are constantly connected, life seems to stop when the internet goes down. But what about the people who are completely unaware and excluded from the online world. There is a growing recognition that a wide range of human rights depends upon the right to access to the internet. The right to access as we say isn’t just about being connected to the internet. As a concept, it provokes difficult questions about inequality, status in law and security.

When we discuss the digitization of human life, it is important to acknowledge that these processes haven’t occurred at the same speed in every country. In its early years, the so-called information revolution was very much a global north phenomenon. The richest country to enjoy widespread internet penetration and most of the big tech players were built there. These became known as the digital divide, a term which was first introduced at the World Summit on the Information Society in 2005. It was recognized that access to information and sharing and creation of knowledge significantly strengthened economic, social and cultural development, thus helping all countries to reach internationally agreed development goals. From this bridging the digital divide became the main focus increasing the broadband access, distributing devices and the main basis for many international action plans and broadband strategies. But a decade on it becomes clear that there are many digital devices, there is a big one between the global north and south but there is also divides between rural and urban areas, between genders and between migration groups. Even among those connected there are enormous differences in access in terms of costs, speed, language whether its fixed or mobile connections and increasingly quality.

In other words, providing access is not as simple as drawing broadband infrastructure. Instead what the right to access refers to what is its status in law. There is no internationally accepted right to access but in human rights terms access is a necessary condition for the realization of human rights online. In some countries, court decisions have ruled to support the right to access including France, Germany and Kostunica. Few rare cases like Finland states have enshrined right to internet access in their national laws but these isolated acts are not enough. In the absence of international agreements, private entities come up with their solution to. For examples, some companies plan to provide internet infrastructure for free but often this is quite unregulated. Another well-known way private entity gets involved is through zero-rating. This refers to the practice of providing certain online services free of charge which typically means either offering services on top of existing data caps or offering unpaid access to selected services.

“Given that the internet has become an indispensable tool for realizing a range of human rights, combating inequality, and accelerating development and human progress, ensuring universal access to the internet should be a priority for all states”. This statement of a former U.N special rapporteur on freedom of expression recognized that this access if delivered properly can enhance everyone’s enjoyment of human rights. But it also implies the opposite. If delivered the wrong way can restrict human rights. Security is the key dimension of the discussion.  With the rapid growth of users’ worldwide the infrastructure of the internet is expanding making it more difficult for the states to ensure the security of networks. Some states are responding to these challenges with the increased control of measures like censorship, surveillance and internet shutdowns. such control interferes with the free and open nature of the internet. But access without security isn’t real access either. You can’t exercise your rights online if you risk yourself to be a bait. Getting the rights balance between security and human rights is therefore crucial. But states aren’t the relevant actors here. Private sector practices can also restrict people’s ability to access the internet. At first glance, this practice might seem uncontroversial. The problem in these cases is the access is conditional and limited. Unregulated infrastructure can be close to new providers, creating the room for monopolies and limited mobile internet services can limit users to an old garden where the only content you can see is approved by the provider. To go beyond it you need to be both aware that a wider internet exists and be willing and able to pay for it.  This has clear implications for freedom of expression, the right to information and other rights like privacy. If the provider is interested in collecting your data without adequate safeguards, some argue that any service is better than nothing but an initiative like these can normalize the idea of a two-tier internet with quality of access depending on your ability to pay for it.

Strategies to increase access develops through several international forums including the WSIS follow up process, the implementation of sustainable development goals and the International Telecommunication Union. Regional organizations play a major role in developing broadband infrastructure. Keep layers here include the African Union, Organization of American States, Association of Southeast Asian Nations and several other international donors. Many countries also now have national broadband strategies. Where they exist, they generally need close observations from human right defenders to ensure they are properly implemented where they don’t exist sharing known practices could offer useful ways forward. Tech companies are also a cake constituency with businesses like Facebook and Google leading initiatives to provide access to the global level. Human rights defenders need to be making sure that these activities meet international human rights standards. On the civil society side, multinational regional alliances are advocating for right respecting access policies like the Net Neutrality Coalition, EDRi and Fight for the Future.

In 2015 the Indian launched a Facebook zero-rating initiative free basics treating a major campaign of resistance led by a coalition of over thirty representatives from the Indian businesses and civil society. The campaign gained wide popularity and attraction in part for a series of videos starring Indian comedians which explained in simple terms the implications of zero ratings for net neutrality. These videos had millions of viewers and received international coverage for the issues.  In response, Facebook launched a major public relation campaign which included huge billboard targeted messages to every Facebook user in India. Despite these, in 2016 the Telecommunication Regulatory Authority of India banned all zero-rating networks which were interpreted as a victory to save the internet campaign.

Accordingly, regional advocacy can help support the adoption of a better policy for access. The Alliances for Affordable Internet is a coalition of over sixty organizations from civil society, the private and public sector aiming to make internet access in developing countries affordable through policies and regulated through reforms. Launched in 2013 it currently operates in six countries like Nigeria, Ghana, Mozambique, Liberia, Myanmar and the Dominican Republic. It develops joint initiatives across stakeholder groups to address local access needs. For example, fighting for subsidized internet access in public schools and libraries. The human rights defenders have an important role to play in this era of the online regime. Building public awareness is key. Issues like zero-rating and net neutrality can be complex and technical but a sound argument with a bit of creativity can overcome these barriers. Looking into the bigger picture is also important. Access isn’t just about infrastructure, it intersects with a range of issues political, economic, social and cultural which all need to be addressed. However, businesses are arguably influential as governments building alliances across stakeholder groups will therefore be critical.