… And Still We Are Left Wanting: The White Paper On Digital Rights*

Last month, the government published a White Paper for public consultation, proposing the introduction of four so-called "digital rights" in the Constitution: (1) the right to Internet access; (2) the right to informational access; (3) the right to informational freedom and (4) the right to digital informational self-determination. The White Paper proposes that such rights be included within the "Declaration of Principles" Chapter of the Constitution, in other words as mere declaratory, non-enforceable "rights". 

The proposal is indeed a step in the right direction but lacks punch where it matters most. 

The notion of human rights: Beyond perceptions 

The White Paper unfortunately bundles the so-called "right to Internet access" – on which there has been extensive academic debate as to whether it should even be recognized as a legally enforceable right (let alone a fundamental human right) – with the other three "digital rights" which have a human rights