Introduction
The rapid advancement of digital technology has transformed our communication, work, and interactions. While much of the discourse surrounding digital rights focuses predominantly on privacy, especially following data breaches, surveillance scandals, and encryption debates, it is crucial to recognise that human rights in the digital age extend well beyond the right to privacy. In fact, the digital landscape presents both opportunities and challenges for upholding fundamental human rights, encompassing issues such as freedom of expression, access to information, digital discrimination, and algorithmic bias. This article delves into the broader implications of digital technology on human rights and examines key topics that go beyond mere privacy concerns.
1. Freedom of Expression in the Digital Sphere
The internet has evolved into a global platform for free speech, empowering individuals to share ideas, mobilise for social change, and hold power accountable. However, governments and corporations increasingly exert control over online discourse through censorship, content moderation, and internet shutdowns.
To illustrate, some governments impose strict controls on digital speech by blocking websites, arresting activists, and pressuring social media companies to censor dissent. Meanwhile, private platforms such as Meta (Facebook), X (Twitter), and YouTube wield immense power in determining which content can circulate, often operating with a lack of transparency.
Furthermore, the spread of misinformation complicates the delicate balance between free expression and the need to limit harmful content. Although combating fake news is essential, excessive content moderation can unintentionally suppress legitimate speech.
Case Study: Internet Shutdowns in Jammu & Kashmir
- Issue: The Indian government frequently imposes internet blackouts, citing national security. The longest shutdown occurred in Jammu & Kashmir (J&K) after the abrogation of Article 370, lasting over a number of days in some areas.
- Impact:
◦ Citizens suffered violations of their rights to information, education, and healthcare, as telemedicine and online classes were disrupted.
◦ Businesses incurred losses exceeding approximately ₹40,000 crore, according to estimates by IMRB.
◦ The Supreme Court ruled in Anuradha Bhasin v. Union of India (2020) that indefinite shutdowns are unconstitutional; however, frequent suspensions still occur.
2. Digital Discrimination & Algorithmic Bias
Artificial intelligence (AI) and machine learning increasingly shape key areas such as hiring, lending, policing, and judicial decisions. Yet, these systems often replicate and exacerbate existing societal biases, leading to significant digital discrimination.
For example, studies reveal that facial recognition software tends to be less accurate for people of colour, while hiring algorithms may discriminate against female candidates. Additionally, algorithmic risk assessments in law enforcement disproportionately target marginalised communities, reinforcing systemic inequalities.
Case Study: Aadhaar & Exclusion in Welfare Schemes
- Issue: The Aadhaar-linked biometric authentication system for welfare schemes (such as PDS and MGNREGA) resulted in the denial of benefits for marginalised groups due to:
◦ Fingerprint recognition failures, particularly affecting manual labourers.
◦ Network issues prevalent in rural areas.
◦ A 2018 study by Jean Drèze and Reetika Khera found that Aadhaar-based authentication caused approximately 30-50% exclusion errors in Jharkhand’s PDS system.
◦ The Supreme Court upheld Aadhaar in Justice K.S. Puttaswamy (Aadhaar) v. Union of India (2018) but restricted its mandatory linking to welfare schemes.
3. The Right to Access & Digital Divides
Access to the internet has become essential for education, healthcare, employment, and civic participation. However, billions still remain offline due to economic, geographic, and political barriers.
Economic Barriers: The high costs of devices and data plans continue to exclude low-income populations.
Government Restrictions: In some countries, governments intentionally throttle internet speeds or block access to suppress dissent.
Digital Literacy: Even in regions where access exists, many individuals lack the necessary skills for meaningful participation in the digital economy.
Case Study: Online Education During COVID-19
- Issue: The shift to e-learning during the pandemic excluded millions of students. For instance, only 24% of rural households had internet access, according to the NSSO. Moreover, gender disparities emerged, as girls often received fewer devices compared to their male siblings.
- Impact: A UNICEF report in 2021 estimated that approximately 80% of Indian children could not access online classes. Additionally, tragic cases of student suicides due to digital exclusion surfaced in Kerala and Maharashtra.
4. Labour Rights in the Gig Economy
The rise of platform-based work, with companies like Uber, Deliveroo, and Amazon Mechanical Turk, has created a new class of workers who frequently lack traditional labour protections.
Precarious Work Conditions: Gig workers endure unpredictable income, lack of benefits, and algorithmic management that prioritises efficiency over their well-being.
Surveillance & Worker Control: Various apps monitor workers’ actions, penalising them for delays or rejections, which raises serious concerns about their autonomy and dignity.
Case Study: Swiggy & Zomato Delivery Partners’ Strikes
- Issue: Food delivery workers protested against unfair pay cuts, which algorithms enforced without transparency. Furthermore, they demanded access to social security, including health insurance and accident coverage.
- Impact: Gig workers in Bengaluru and Delhi organised strikes to demand better wages. Although the Rajasthan Platform-Based Gig Workers Act of 2023 marked a promising step forward, its enforcement remains weak.
5. The Right to Digital Security & Freedom from Cyber Threats
As our lives increasingly move online, cyber threats, from hacking to state-sponsored attacks, endanger individuals and societies.
Cyberattacks on Activists & Journalists: Human rights defenders often face targeted hacking and spyware, such as the notorious Pegasus software.
Ransomware & Critical Infrastructure: Attacks on vital services like hospitals, schools, and power grids pose significant threats to public safety.
Conclusion: Toward a Human-Centric Digital Future
In conclusion, the digital age presents unprecedented challenges and opportunities for human rights that extend far beyond privacy concerns. Through understanding the complexities of freedom of expression, digital discrimination, and algorithmic bias, we can better advocate for a more equitable digital landscape.
To protect human rights in the digital age, we must pursue more than just privacy laws. Instead, we require a comprehensive approach that addresses freedom of expression, algorithmic fairness, digital inclusion, labour rights, and cybersecurity. Policymakers, tech companies, and civil society must collaborate to ensure that digital advancements empower rather than oppress.
As we navigate this evolving landscape, we must uphold the core principle: technology should serve humanity, not the other way around.
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