Human rights, along with the enactment of laws to recognize these rights, establish mechanisms to ensure their realization, and define their limitations, have always evolved in response to changing human needs, societal developments, and advancements in science and technology. Many emerging legal issues, while interpretable and inferable from previously recognized principles and laws, require new and efficient legislation. One such issue is the internet, which, although no longer new in today’s world, demands constant updating of relevant legal discussions and amendments to existing laws due to its rapid evolution and pervasive influence on human life. Governments, given their vested interests and control over this domain, can impose their desired restrictions. The absence of clear and updated laws allows governments to freely exercise control and impose limitations.

The Right to Internet Access in International Laws

Free access to the internet, now recognized as the “Right to Internet Access,” is a right widely accepted in many societies today. The fundamental basis for this right can be found in Article 19 of the Universal Declaration of Human Rights, which states:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Similarly, the right to freedom of information dissemination is acknowledged in Article 19(2) of the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly. In today’s world, most information exchange occurs via the internet. Therefore, guaranteeing the freedom of information exchange is impossible without ensuring free access to the internet.

In 2016, the United Nations Human Rights Council adopted a non-binding resolution emphasizing the importance of free internet access and condemning intentional internet disruptions by governments.

The right to internet access can also be derived from the principles governing the “Right to Development,” as recognized in international law. Article 1 of the Declaration on the Right to Development (adopted by the UN General Assembly in December 1986) states:
“The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural, and political development, in which all human rights and fundamental freedoms can be fully realized.”

Frank La Rue, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, emphasized in his 2011 report to the Human Rights Council:
“Without access to the internet, which facilitates economic development and the enjoyment of a wide range of human rights, marginalized groups and developing states remain disadvantaged, perpetuating inequality both within and between countries” (A/HRC/17/27).

Today, it is undeniable that development is unattainable without free internet usage. As a result, guaranteeing people’s right to development is only possible by ensuring their freedom to access the internet.

Some countries have formally recognized internet access as a right. For instance, in 2000, the Estonian parliament declared internet access a human right. Similarly, France’s Constitutional Council in 2009 and Costa Rica’s Constitutional Court in 2010 recognized internet access as a fundamental and basic right. In 2009, Finland passed legislation mandating a minimum internet connection speed of 1 Mbps. La Rue further noted that, according to a March 2010 survey conducted by the BBC World Service, 70% of respondents across 26 countries believed internet access to be a fundamental human right.

The Right to Internet Access in Iranian Laws

The advent and expansion of the internet in Iran necessitated the development of laws and regulations, as well as the imposition of restrictions by the government. One of the earliest documents in this regard was the “Regulations and Guidelines for Computer Information Networks,” adopted in 2001 by the Supreme Council of the Cultural Revolution. In the preamble of this regulation, the right of citizens to free access to information and knowledge was emphasized. However, the regulation also addressed imposing restrictions and filtering. Service providers and users were prohibited from publishing content deemed contrary to law, morality, or Islam. These prohibitions and limitations effectively violate the free access rights mentioned earlier.

One of the most notable documents in Iran explicitly referring to the right to internet access is the Charter on Citizens’ Rights, signed in 2016 by the then-president. Article 33 of this charter states:
“Citizens have the right to freely and without discrimination access, communicate, and acquire information and knowledge in cyberspace. This right includes respecting cultural, linguistic, and religious diversity and observing ethical standards in cyberspace. Imposing any restrictions (such as filtering, jamming, reducing speed, or cutting off networks) without explicit legal justification is prohibited.”

Although this article recognizes citizens’ right to free and non-discriminatory internet access, it also allows for restrictions under legal rulings, contradicting the emphasis on unrestricted access at the beginning of the article. This raises questions: Are the current restrictions and bans in Iran based on legal rulings? Do the decision-making bodies responsible for filtering possess the necessary legal authority?

On March 7, 2012, the Supreme Leader of Iran issued an order establishing the Supreme Council of Cyberspace, chaired by the president. The council was tasked with maximizing the benefits of internet expansion for national progress and ensuring consistent planning and coordination to safeguard against associated risks. Legally significant in this decree is the stipulation that “all resolutions of the council must be given legal effect.” As a result, this council can currently adopt binding resolutions concerning cyberspace and the internet, including restrictions on citizens’ rights, without following the proper legislative process stipulated in the Constitution and other laws. Additionally, there is no effective oversight of its decision-making processes. Some believe that the ambiguous nature of the council’s resolutions and the lack of mandatory publication for these decisions are among the main obstacles to oversight. (1)

In Iran’s legal system, including the laws and regulations concerning the internet, the right to access the internet is recognized without dispute. However, the content of this right has not been identified and guaranteed to the same extent as in developed countries and at the international level. (2) Furthermore, widespread restrictions and filtering in practice frequently violate this fundamental right. Simply stating individuals’ rights in legal texts, without government action to protect such rights in practice, does not equate to recognizing those rights.

References

1. Pirnia, Kosar, and Abrishami Rad, Mohammad Amin. (2023). “Oversight of the Resolutions of the Supreme Council of Cyberspace in Iran’s Legal System,” Journal of Modern Legal Administrative Studies, Vol. 5, No. 17, p. 387.
2. Ansari, Bagher. (2020). “The Right to Internet Access: Foundations and Content,” Judiciary Law Journal, Vol. 84, No. 12, p. 76.