The Role Of Digital Rights In Promoting Social Justice - Challenges And Opportunities
Author: LawSphereX
Category: Technology, Cyber & Privacy
Published:
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THE ROLE OF DIGITAL RIGHTS IN PROMOTING SOCIAL
JUSTICE: CHALLENGES AND OPPORTUNITIES
Ritu Maity, Assistant Professor I.C.S.S Law College Bhadrak, Odisha
ABSTRACT
Global connectivity, information availability, and social mobility have all increased dramatically in the digital age. But technology has also brought about new difficulties and disparities, especially for underprivileged groups. This article examines the relationship between social justice and digital rights, looking at how advancing digital rights can aid in addressing structural injustices and advancing social justice. The first part of the article defines social justice and digital rights and looks at how they relate to each other. It then explores the challenges to digital rights, including censorship, online harassment, and digital surveillance, and discusses how these challenges disproportionately affect marginalized communities.
Along with examining how digital technology might be used to advance social justice, the article emphasizes the significance of digital inclusion and accessibility. It highlights successful campaigns and efforts for digital rights that have advanced social justice and looks at how governments, businesses, and civil society may support these causes. The need of a comprehensive and inclusive approach to promoting social justice and digital rights is emphasized in the paper's conclusion. To address the threats to digital rights and advance digital inclusion and accessibility, it urges governments, businesses, and civil society to collaborate. We can build a more fair and equal society online as well as offline by advocating for social justice and digital rights.
The article contributes to the current literature on digital rights and social justice by giving a detailed and nuanced study of the connection of these two topics. It emphasizes the value of a collaborative and inclusive approach to tackling the issues of the digital age and provides helpful suggestions for advancing social justice and digital rights. Keywords: Digital Age, technology, Social Justice, harassment, Digital Rights.
INTRODUCTION
In the contemporary digital landscape, digital rights represent further embodiments of our fundamental human rights. The rights to privacy in the digital realm and the freedom of expression are grounded in the Universal Declaration of Human Rights by UN. The UN asserts that cutting off individuals from internet access constitutes a breach of these rights as well as international law. The "Right to Privacy" is viewed as an integral aspect of the "Right to Life" as outlined in Article 21 of the Indian Constitution. 1 Digital rights play a pivotal role in advancing social justice by ensuring equitable access to information, freedom of expression, and safeguarding privacy. However, they can also pose many challenges, such as digital surveillance and misinformation, which may undermine justice and equality. But digital rights also promote social justice.
To establish a just and inclusive society, it is crucial to comprehend how social justice and digital rights are related. By addressing both the opportunities and risks associated with digital rights, policymakers and activists can work towards a more just and equitable digital future. Digital technologies are not only altering the way fundamental rights such as freedom of expression and access to information are utilized, protected, and violated, but they are also opening the door for the emergence of new rights. Thus, in light of the emergence of digital rights and digital citizenship, the law is adjusting to this new era by permitting and controlling access to online information in a transparent and safe manner. A new regulatory framework must be developed for new technology advancement. The need
to regulate this information flow while preserving individual rights arises from a number of factors, including the hyper connectedness made possible by 5G, the collection of data using Internet of Things devices, the analysis of that data using Big Data, and the processing of that data using Edge Computing.2 Laws must be changed in the digital era to protect and uphold fundamental rights. Digital rights, which are closely linked to freedom of expression and privacy, include the capacity to use computers, other electronic devices, and communications networks, as well as the ability to access, use, create, and publish digital media.
1 https://testbook.com/articles/digital-rights visited on 08/02/2025 at 12:55pm
2“ https://www.iberdrola.com/innovation/what-are-digital-rights visited on 08/02/2025” at 10:55pm
OBJECTIVES OF THE STUDY
1) To examine the significance of digital rights in assuring equitable access to information
and communication
2) To analyse the impact of digital rights on marginalized communities
3) To examine how cyber security & data privacy regulations protects the human rights in
the digital era
4) To examine how the existing legal frameworks supports digital rights as a social justice
instrument
5) To examine the challenges that hinder equal access, protection of digital rights to
promote social justice WHAT IS DIGITAL RIGHTS?
The legal and human rights that enable people to access, utilize, create, and publish digital material, as well as to use computers, other electronic devices, and telecommunications networks, are known as digital rights. In the context of digital technologies, notably the Internet, the idea is primarily tied to the defence and fulfillment of pre-existing rights, such as the freedom of speech and the right to privacy. A right to Internet access is recognized by the legislation of several nations. 3 Ensuring that we are treated fairly and with the same respect online as we are offline is the primary objective of digital rights. As an example, when using social media, we have the right to freedom of assembly and speech, and we have the right to privacy when instant chatting or exchanging information with an online service provider.
Digital rights consist include, for instance: • Online consumers' “right to privacy”. • The freedom of speech & expression and the anti-violence rule on social media
3 https://en.wikipedia.org/wiki/Digital_rights visited on 08/02/2025 at 11:22pm
platform. • The right to get government services, especially social protection, and to communicate and obtain information online. • The right to data protection while giving businesses or governmental organizations personal information. Digital rights are applicable while utilizing digital means such as social media instant messaging, email, online government services, and corporate websites. Information that is stored about you by applications, platform firms, or governmental organizations is likewise protected under digital rights.4
SIGNIFICANCE OF DIGITAL RIGHTS
The “Office of the High Commissioner for Human Rights (OHCHR)” highlighted in a 2021 report the need for utmost caution while utilizing Artificial Intelligence (AI) technology. Digital rights, which safeguard our freedom and privacy online, may be in danger due to some AI systems. According to the report, unless we have robust safety safeguards in place, we should cease selling and utilizing these dangerous AI systems. It also implies that AI shouldn't be permitted if it is unable to respect international human rights standards. This is to guarantee the constant protection of our digital rights.5 WHY DO WE NEED DIGITAL RIGHTS?
Freedom of Expression: The ability to freely express opinions and ideas online without fear of censorship or penalty is one essential democratic element protected by digital rights. • Protection of Privacy: Individuals have the right to control their personal data and prevent companies or governmental entities from collecting it in excess or utilizing it inappropriately. • Information Access: Without needless restrictions, digital rights ensure that a vast 4 https://www.africandigitalrightsnetwork.org/what-are-digital-rights visited on 09/02/2025 at 12:24am
5 https://www.geeksforgeeks.org/what-are-digital-rights/ visited on 09/02/2025 at 12:50am
amount of information is available online. Digital inclusion is the process of ensuring that everyone has equitable access to the internet and digital tools so they may participate fully in society. • Safety and Security: The right to be shielded from online dangers like viruses and hackers.
DIGITAL RIGHTS TYPES6
1) Freedom of Speech and Expression: It ensures everyone's right to free speech in
accordance with Article 19(1)(a) by enabling people to express their thoughts and opinions online without worrying about censorship.
2) Rights to Access Internet: Regardless of origin or situation, make sure everyone has
equitable access to the internet and digital resources.
3) Right to Safety & Security: Protect our personal information against unauthorized
access and protect us from online threats like hacking and identity theft.
4) Rights to Privacy: Always ensure that our name, address, phone number, and other
sensitive information are safe and secure online.
5) Copyright: Gives authors, musicians, and artist’s ownership over their creative works
and stops unauthorized copying and distribution. WHAT IS SOCIAL RIGHTS?
"Social rights" are those that safeguard the fundamental needs of life or that establish the basis for a sufficient standard of living. Claims against the State to have certain fundamental social and economic needs met are another way to define social rights. Dr. Amartya Sen has also described these social claims as fundamental rights. Dr. Sen contends that humans have a right to sufficient means of subsistence under the current system of institutional rights, and that an individual's entitlements are the sum of her rights, which are contingent upon the legal
6 ibid
procedure for obtaining products under the applicable system.7
THE SOCIAL RIGHTS GUARANTEED BY THE INDIAN CONSTITUTION
Social rights are essential privileges that ensure the equality, dignity, and well-being of every citizen of society. Social rights are extensively covered under the Indian Constitution's Directive Principles of State Policy (Part IV) and Fundamental Rights (Part III).
1. Part III: Fundamental Rights
Social rights are guaranteed by some fundamental rights, notwithstanding their primary focus on political and civil rights: • Article 14–18- The Right to Equality, guarantees equal access to opportunities and prohibits discrimination. • Article 21- The right to life and personal liberty include the right to live with dignity, which has been construed to include social welfare elements such the right to clean air, health care, housing, and education. • Article 23-24-"Right against Exploitation," forbids child labour and forced labour. • Article 21A- Under the Right to Education, children between the ages of 6 and 14 are entitled to free and compulsory education.
2. Directive Principles of State Policy (DPSP) covers under Part IV:
The state operates under these tenets to guarantee social and economic justice: • Article 38- Ensuring an equitable social order promotes wellbeing. • Article 39- Equal compensation for equal effort, sufficient means of subsistence, and worker and child safety. • Article 41 protects the rights to employment, education, and public aid.
7 JAYNA KOTHARI SOCIAL RIGHTS AND THE CONSTITUTION 6 SCC (Jour) 32 (2004)
Article 42- Humane working conditions and maternity benefits are protected. • Article 47- Gives the state instructions to enhance nutrition and public health. The Relationship between Digital Rights and Social Rights in Indian Constitutional Law: Digital rights have become crucial for ensuring equality, social justice, and democratic involvement as digital technologies have gained popularity. The constitution's following provisions relate these rights to social rights:
1) The Internet's recognition by courts as a fundamental right:
a) Anuradha Bhasin V. Union Of India (2020)8 :-
A landmark decision that emphasizes the internet's growing importance in the
contemporary world and restricts the government's power to issue decrees that outright forbid online services. Journalist Anuradha Bhasin filed a petition in this case, claiming that the internet restriction in Jammu and Kashmir violated her right to free expression by preventing her from publishing her newspaper. Another appeal was submitted by a member of parliament called Gulam Nabi Azad, who claimed that the internet restriction prevented him from meeting with the constituents of his constituency. The two petitions were consolidated by the apex court of India in this landmark decision, which also set guidelines that the administrative authorities must follow when issuing orders for internet suspension.
9 The Supreme Court decided that, in accordance with Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life and liberty), internet access is a fundamental right. It ruled that internet shutdowns that last indefinitely are unconstitutional and mandated that internet restrictions be reasonable, essential, and only temporary. b) Faheema Shirin R. K. v. State of Kerala (2019):10 According to the Kerala High Court, prohibiting mobile phone usage at a women's hostel constituted an unjustified violation of the rights to privacy, education, and
8 (2020) 3 SCC 637
9 https://blog.ipleaders.in/anuradha-bhasin-v-union-of-india-case-analysis/ visited on 09/02/2025 at 11:47pm
10 AIR 2020 Ker 35
internet access. Student Fareema Shirin brought the challenge after she was evicted from college accommodation for violating a rule that forbade using a cell phone during certain hours. The Court determined that the hostel had a duty to protect women's online freedom of speech based on international norms and that digital resources provide significant chances for inclusive, reasonably priced education, which is essential for students to progress in their professions. In order to eliminate gender discrimination and provide equal access to educational resources, the Court mandated that the College change its laws. The Court ruled that the limitation was "absolutely unwarranted," and she was immediately allowed to return to the hostel.
Additionally, it concluded that the right to access the Internet has evolved into a component of both the right to privacy and the right to education, in accordance with Article 21 of the Indian Constitution. 11 c) Foundation of Media Professionals v/s UOI (also known as 4G case )12: In Jammu & Kashmir there is blanket ban on 3G & 4G services. Court held that this bans are violations of fundamental rights like Right to Education, Right to Profession, Right to health and many other fundamental rights also. Thus, Supreme Court gives direction to restore 4G internet services to limited region of Jammu & Kashmir.
2) Social welfare and digital access
K.S. Puttaswamy v. Union of India (2017)13. Under Article 21, the Supreme Court recognised digital privacy as a fundamental right in this case. By promoting internet access as a basic need, the government hopes to close the digital divide through its Digital India initiative.
CHALLENGES AND OPPORTUNITIES TO DIGITAL RIGHTS
1) Protection of right to Privacy: However, when both public and private
organizations collect, store, and process personal data, privacy rights may be infringed upon and abused. An individual's right to safeguard the confidentiality and security of their personal information is put at risk by data breaches and 11 https://globalfreedomofexpression.columbia.edu/cases/shirin-r-k-v-state-of-kerala/ visited on 10/02/2025 at 12:02 am
12 2020 SCC online SC 453
13 (2017) 10 SCC 1
surveillance tactics.14 The Digital Justice Initiative tackles privacy violations and exploitative data practices that disproportionately impact communities of colour. Individuals are shielded from threats that might worsen already-existing social inequities by protecting their digital privacy.15
2) Right to equality and Digital divide: The Indian Constitution guarantees the right
to equality, but due to a lack of technological advancement, it is difficult to maintain the gaps between rural and urban peoples. For those who are in rural areas, it is difficult to guarantee equitable access to the internet, online platforms for children's education, and many more digital services that are necessary in day-to-day life. Social inclusion depends on ensuring that everyone has access to the internet. The UN General Assembly emphasized the importance of internet connectivity for accessing information, education, and services when it proclaimed it a fundamental human right in 2016. Political, social, and economic disparities can be reduced by closing the digital divide.16
3) The Freedom of Speech & Expression: Indian Constitution guarantees us
freedom of speech & expression u/A 19(1)(a). Citizens have the right to express their thoughts by means of writing, printing, visual representations, or any other means. In the digital era, expression or speech can be expressed through online platforms like Facebook, Instagram, Twitter (X), etc. These freedoms have been violated by shutting down the internet and applying censorship to the reality-based movies to obfuscate the truth, regulations on online content. On the other hands However, when social media is abused to spread hate speech, misleading information, and defamatory content makes it more challenging to find a balance between maintaining public order and national security and the right to free 14 https://articles.manupatra.com/article-details/Digital-Age-and-Constitutional-Challenges-in-India-Adaptingto-New-Technologies visited on 10/02/2025 at 12:45 pm
15 https://www.lawyerscommittee.org/digitaljustice/? visited on 11/02/2025 at 12:13 am
16 “Cynthia K Sanders & Edward Scanlon The Digital Divide Is a Human Rights Issue: Advancing Social
Inclusion Through Social Work Advocacy J Hum Rights Soc Work. 2021 Mar 19;6(2):130–143”.
expression.17
4) The function of the judiciary and law enforcement: Writs are issued by the
Supreme Court and the High Court to enforce fundamental rights. under Article 3218 and 22619. The criminal justice system is dealing with issues including jurisdictions for digital crimes, the admission of electronic evidence in courts, and the protection of digital rights. Legislative and judicial responses can lag behind technological advancements, leading to legal ambiguities and challenging enforcement.
5) Threat to Intellectual Property Rights( IPRs): In the digital era, by protecting
IPRs, many issues come up like copyright infringements, digital piracy, and stealing of content without the consent of the owner. Finding a balance between IPR protection and the accessibility of information and digital content for public interest and educational purposes may be challenging.
6) Cross-border Cyber Crime a significant challenge: The internet is used globally;
it is challenging to detect and investigate the cybercrime across national borders. Present laws relating to cyber laws are insufficient to detect the crime and punish the cybercriminals. There are difficulties in establishing jurisdiction, collecting evidence across international borders, and coordinating global efforts to address cyber threats. The implementation of international cooperation mechanisms, like Mutual Legal Assistance Treaties (MLATs), is occasionally obstructed by administrative obstacles, which delay reactions to cyber incidents. An absence of efficient and effective procedures restricts law enforcement agencies' ability to effectively tackle cross-border cybercrimes. Standardized procedures, data-sharing agreements, and synchronized legislative actions are essential to combat crossborder cybercrimes.
Alongside tackling deficiencies in the legal system and emerging technological challenges, this study offers suggestions for legislative reforms in Indian Cyber Law that will enhance law enforcement capabilities. 20
17 supra note 13
18 The Constitution of India, 1950
19 The Constitution of India, 1950
20 supra note 13
GOVERNMENT INITIATIVE TO TACKLE MODERN DIGITAL TECHNOLOGICAL
ISSUES:
DIGITAL INDIA ACT, 2023
The Information Technology Act of 2000 is to be replaced with the Digital India Act (DIA) of 2023, a comprehensive legal framework designed to control India's quickly changing digital environment. India has more than 850 million internet users, making it the biggest digitally connected democracy in the world. As a result, new laws are required to solve the present issues with data privacy, cyber security, and digital innovation.21
OBJECTIVES OF DIGITAL INDIA ACT, 202322
§ To establish adaptable rules those are consistent with the quickly changing technological trends and can be changed to satisfy the needs of the country's digital infrastructure. § To give a simple adjudicatory procedure for online criminal and civil violations. § To uphold the rule of law online, settle cyber disputes, and provide citizens with prompt remedies. § To create a legal framework that maintains general governing principles while guaranteeing compliance. Internet in 2000 v/s Internet Today23
One kind of intermediary Many kinds of intermediates, include OTT, AI, social media, digital media, e-commerce, gaming, etc. Space for good: enabling communication between citizens Scope for criminal activity and unlawful activity Traditional types of user harm include hacking, cybercrime, and cyber-security. Doxxing, cyber stalking, cyber trolling, gaslighting, phishing, and catfishing are examples of new, sophisticated types of user harm. Information and News Source Spread of Hate Speech, Fake News, and False Information The government aims to work with experts, the public, industry stakeholders, academia, and consumer forums in order to compare pertinent international legislation and prepare a bill. The goal of this inclusive approach is to guarantee that the final law is thorough and appropriate for India's digital environment.
24 In conclusion, India's digital regulatory environment has undergone a substantial revision with the Digital India Act of 2023, which aims to promote innovation while guaranteeing user safety, data privacy, and accountability online. WHY DO WE NEED SUCH KIND OF LAW IN OUR COUNTRY?
India is the world largest digitally connected democracy. Information Technology, 2000 governs the Internet world. This Act is now out-dated to deal with the rapid technological advancements. IT Act is insufficient to deal with the new issues like AI, IoT, blockchain, deepfakes, data privacy, digital arrest and other cybercrimes in today’s digital era. IT Act mainly focuses on e-commerce and cybercrimes, while issues like misinformation, online safety, digital completion not addressed. DIA 2023 is going to introduce regulatory framework for AI governance, use of AI in ethical manner, and consumer Protection. It seeks to enforce
24 supra note 18
severe penalties and clear guidelines for digital service provider.25
CONCLUSION:
Digital rights play a crucial role in promoting social justice by ensuring equal access to information, protecting privacy, and fostering freedom of expression. These rights are crucial for promoting democratic participation, empowering vulnerable people, and closing social and economic divides in an increasingly digital society. Digital disparities, cyber threats, online censorship, and the exploitation of personal data are just a few of the many issues that still exist. These problems are made worse by the absence of thorough legal frameworks and insufficient enforcement tools. At the same time, there are plenty of chances to improve digital rights through international collaboration, regulatory changes, and technology advancements.
These rights may be protected while fostering fair access to digital resources through government initiatives including cyber security safeguards, data protection regulations, and digital literacy programs. Although initiatives like Aadhaar-connected social programs, Digital India, and net neutrality laws have contributed to the growth of digital inclusion, on-going advancements are still required. Governments must prioritize the creation of robust legislative safeguards, guarantee accountability in digital governance, and make infrastructural investments to close the digital gap in order to meet these problems. To build a safe and welcoming digital ecosystem, cooperation between legislators, civic society, and tech firms is crucial.
Societies may fully utilize digital technology to advance justice, equality, and sustainable development by implementing a rights-based approach to digital governance.
25 “https://www.meity.gov.in/writereaddata/files/DIA_Presentation%2009.03.2023%20Final.pdf