Critical Response to "Internet Access is a Fundamental Right"

by Padi Falas-Maifala

In his article "Internet Access is a Fundamental Right," Spyros Kasapis (2020) presents a compelling argument that internet access should be considered a fundamental human right, especially highlighted by the COVID-19 pandemic. While Kasapis makes valid points about digital inequality, his argument requires deeper examination and additional context to fully understand the complexities of this issue.

The Right to Internet Access: Beyond Theoretical Framework

Kasapis begins by framing internet access within broader human rights discourse, referencing Salvador Allende's philosophy that happiness is a human right, with various necessities (food, education, healthcare) being prerequisites to achieving it. This philosophical framing connects internet access to established human rights, which is rhetorically effective but somewhat oversimplifies the complex nature of rights classification.

The United Nations has indeed recognized internet access as an important right, most notably in a non-binding resolution passed in 2016 that condemned intentional disruption of internet access (Human Rights Council, 2016). However, there remains significant debate about whether internet access should be classified as a fundamental right itself or as an enabler of other rights. As Cerf (2012) argues, "Technology is an enabler of rights, not a right itself," suggesting a more nuanced view than Kasapis presents.

Digital Divide Exacerbated by the Pandemic

The article correctly identifies how the COVID-19 pandemic magnified existing digital inequalities. When economic, educational, and social activities moved primarily online, those without internet access were effectively excluded from participation. This observation aligns with research by Van Dijk (2020), who notes that digital divides became more consequential during pandemic lockdowns, transforming from inconveniences into severe barriers to essential services.

However, Kasapis's article would benefit from a more detailed analysis of the multidimensional nature of the digital divide. Beyond simple access, researchers like Ragnedda (2017) have identified that digital inequality encompasses:

  • Physical access to technology
  • Skills required to use digital technologies effectively
  • Usage patterns and benefits derived
  • Motivational access (interest and willingness to engage)

Economic and Governance Questions

The article poses two critical questions: whether governments should ensure universal internet access regardless of income, and who should govern the internet. These questions highlight the tension between recognizing internet access as a right and implementing practical policies to guarantee it.

The economic question requires consideration of various models for providing universal access. Some countries have made significant progress - Finland declared broadband access a legal right in 2010 (Ministry of Transport and Communications Finland, 2010), while Estonia has built extensive public Wi-Fi networks (e-Estonia, 2019). These examples demonstrate that government intervention can be effective but depends heavily on context-specific economic and infrastructural factors.

The Complexity of Implementation

What Kasapis's article does not fully address is the complexity of implementing universal internet access, particularly in developing nations. As Galperin and Girard (2017) note, challenges include:

  • Infrastructure development costs
  • Last-mile connectivity issues
  • Digital literacy barriers
  • Sustainable funding models

Additionally, internet quality matters tremendously. Simply having "access" is insufficient if connections are too slow or unreliable for meaningful participation in digital life (Broadband Commission, 2019).

Conclusion

Kasapis makes a valid case for considering internet access a fundamental right, particularly in light of the pandemic's effects. However, the argument would benefit from more nuanced examination of implementation challenges, varying forms of digital divide, and practical governance solutions.

The pandemic indeed revealed how essential internet access has become for full participation in society, but addressing this inequality requires more than philosophical reclassification. It demands comprehensive policy approaches that address infrastructure, affordability, skills development, and governance frameworks simultaneously.

As we move further into the digital age, the question is not simply whether internet access is a right, but how we can ensure it is universally available, accessible, and beneficial across diverse socioeconomic contexts.