Cyber law: current issues of human rights protection and their guarantees
According to the positivist legal paradigm, and has a territorial character, localized within the borders of states. In the conditions of de-velopment of information and communication technologies the new space - cyberspace is being formed and developed.
| Рубрика | Государство и право |
| Вид | статья |
| Язык | английский |
| Дата добавления | 08.07.2022 |
| Размер файла | 11,6 K |
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Cyber law: current issues of human rights protection and their guarantees
Shakhbazian K.
PhD in Law, Chief Scientific Researcher,
Centre of Intellectual Property Studies and Technology Transfer NAS of Ukraine Kyiv, Ukraine
Law is immanent to the state, according to the positivist legal paradigm, and has a territorial character, localized within the borders of states. In the conditions of de-velopment of information and communication technologies the new space - cyberspace is being formed and developed. The Internet, because of its cross-border nature, encourages scholars to classify it as a sui generis jurisdiction with its own mechanisms of self-government and enforcement. The right to freedom of expression has become widespread for citizens, as information technology has made it possible to express one's views in an unlimited space and to convey one's thoughts to users around the world.
In this regard, it is the Internet that allows you to transform this right into cyber law (or cyber right). The main problem of protecting freedom of speech on the Internet is how to protect the right while protecting other users' rights? And what can be the guarantees for the realization of this right in cyberspace? The legal significance of the right to freedom of speech is that this right in both science and law are fundamental and fundamental rights of human and citizen. In particular, this right becomes even more important in the modern world, because with the development and implementation of information technology in every day's life, its implementation becomes possible for almost everyone. The Internet is a space, where the aforementioned right can be exercised and thus participate in the creation and strengthening of the institution of democracy, but it must be remembered that the Internet is also a place, where abuse of this right can lead to so-called "Information wars", the commission of various offenses and crimes and other negative consequences. In this regard there should be provided certain legitimate restrictions, which should be applied only in cases, that clearly require it to protect public order, public safety, rights and freedoms of others, etc.
The Internet as a global information space is not delineated by state borders (however, some countries have adopted cyber-sovereignty legislation that effectively sets the boundaries of the Internet and the territory of the country) and is not only one of the most effective means of accessing various information resources, it has established itself as one of the most important means of disseminating information. However, with the widespread use of the Internet, a number of emerging problems have arisen, that states try to solve as much as possible and take under control in the first place. Thus, the problems in this area include: - dissemination of illegal information; - the emergence of new ways of committing offenses and crimes in Internet; - vulnerability of management systems (including government systems); - violation of the rights and freedoms of individuals, etc. cyber law human rights protection
As the Internet develops, these problems become more relevant, respectively, changing approaches to their solution: self-regulation is replaced by legal regulations and increased state control over the Internet. In recent years, more and more attention has been paid to the development of legislation, governing the legal relationship arising from the use of the Internet. This is due to the fact, that the Internet is turning from the global information zone into to the everyday reality, and from cyberspace - into an ordinary economic space. Another reason for a stricter attitude to legal Internet-issues there was a problem of data security, first of all - of personal data, protection against cyber attacks on information resources of citizens and government agencies, and providing of the reliability of economic relations on the Internet.
Thus, the protection of rights and freedoms in the Internet space differs from the protection carried out outside it, respectively, such protection should be understood as a set of measures, aimed at counteracting the violation of rights and freedoms of Internet users, establishing responsibility for those, who violated their rights and free-doms, restoration of violated rights and freedoms and compensation for damages. It should be noted that the mechanism for protecting rights and freedoms on the Internet is much more complicated, as it is not always possible to identify the subject of violation of rights or freedoms due to the right to anonymity.
At the same time, we must not approach the issue of regulating the guarantees of the right to freedom of speech on the Internet only from a utilitarian point of view, as far as every right and every freedom is the foundation of democracy. We cannot approach their regulation from a momentary practical standpoint, but we must keep in mind that every intervention entails consequences in the future, including the impact on the spiritual and moral foundations of society. And, consequently, for the development of democracy in general.
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