Internet Self-Regulation and Fundamental Rights

Abstract

Governments have recently been looking to deputise ISPs so as to regulate cyberspace more firmly. In particular, they have encouraged ISPs to take actions to address online copyright infringement, the online exchange of images of child abuse and the use of the Internet to promote terrorism. While these schemes are more flexible and less burdensome than statutory regulation, they commonly lack the procedural fairness and protection for fundamental rights that are encouraged by independent judicial and parliamentary scrutiny. Few schemes include any substantive protection for individuals’ rights to freedom of expression, association or privacy. They are often introduced under the threat of legislation or litigation, agreed and operated behind closed doors “in the shadow of the law” with little participation by or consideration for citizens.