نوع مقاله : پژوهشی
دانشیار گروه حقوق بشر، دانشکدۀ حقوق، دانشگاه شهیدبهشتی، تهران، ایران
عنوان مقاله [English]
Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content and how can it be protected and realised?" This article, based on the desk research method, by studying international and regional instruments and interpretations, national legislative administrative and judicial practices and legal scholars' viewpoints, has concluded that the existence of this right is known as the dominant view but, its content still remains disputable. Nevertheless, the right to connect to the Internet, the principle of neutrality, the right to anonymity, the right to use encryption technology and the right to secure and transparent Internet can be recognized as the main elements of this right. Also, this right is mainly formal and structural in nature. In other words, it's about the principle of Internet access, not the content that is exchanged as a result of access.