Digital Rights & Internet Freedom
Understanding your digital rights is the first step toward protecting them. Here is a comprehensive guide to the rights and freedoms at stake in broadcasting policy debates.
Why Digital Rights Matter in Broadcasting Policy
Digital rights are the human rights and legal rights that allow individuals to access, use, create, and publish digital media. In the context of broadcasting policy, these rights are often placed in tension with the commercial interests of broadcasting organizations.
The WIPO Broadcasting Treaty negotiations represent a critical moment for digital rights. The decisions made in Geneva will establish international norms that could either protect or undermine the freedoms we have come to expect on the internet.
International treaties set minimum standards that all member states must follow. Once a treaty is adopted and ratified, it becomes extremely difficult to change. This is why getting the balance right from the beginning is so important.
Core Digital Rights
These fundamental rights and principles are directly affected by international broadcasting policy decisions.
Freedom of Expression Online
The right to speak, publish, and share information online without undue censorship or restriction. Broadcasting treaties can affect this right by creating new legal barriers to sharing and commenting on broadcast content.
- International law protects freedom of expression under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights
- Online expression includes blogging, social media, video creation, and participating in public discourse
- New intellectual property rights must be balanced against this fundamental freedom
- Overbroad broadcasting rights could chill legitimate speech and commentary
Fair Use and Fair Dealing
Legal doctrines that allow limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research.
- Fair use (US) and fair dealing (UK, Canada, Australia) are essential safety valves in copyright law
- These doctrines enable journalism, education, parody, and criticism
- New broadcasting rights may not automatically include these exceptions
- The treaty must include mandatory limitations and exceptions to protect existing user rights
Access to Knowledge
The principle that all people should have meaningful access to information, education, and cultural works. International IP policy directly impacts who can access what knowledge.
- The Access to Knowledge (A2K) movement advocates for balanced IP policies
- Libraries, universities, and archives depend on exceptions to IP rights to fulfill their missions
- Developing nations are particularly affected by restrictions on knowledge access
- The public domain is a critical resource that broadcasting rights could undermine
Public Domain Preservation
The public domain includes works whose intellectual property rights have expired or were never established. It is the shared cultural heritage of humanity and must be protected from enclosure.
- Works in the public domain can be freely used, shared, adapted, and built upon
- Broadcasting rights could create new restrictions on public domain works when they are transmitted
- This 'paracopyright' concern has been central to criticism of the WIPO Broadcasting Treaty
- Organizations like Creative Commons work to expand and protect the public domain
Net Neutrality
The principle that internet service providers should treat all internet traffic equally, without discriminating based on source, destination, or content.
- Net neutrality ensures that all voices on the internet have equal access to audiences
- Broadcasting treaties that privilege certain content distributors could undermine this principle
- The relationship between IP rights and network policy is often overlooked but deeply important
- Strong net neutrality protections complement strong digital rights protections
Privacy and Surveillance
The right to communicate and access information without surveillance. Enforcement of new broadcasting rights could require increased monitoring of internet users.
- Enforcing broadcasting rights online could require monitoring user activities
- Automated content filtering systems raise serious concerns about accuracy and overreach
- DRM (Digital Rights Management) systems can track user behavior
- Privacy-by-design principles should be embedded in any new IP framework
The International Framework
Digital rights exist within a complex international legal framework. Several key agreements and organizations shape the landscape:
Universal Declaration of Human Rights (1948)
Establishes fundamental rights including freedom of expression and access to information that underpin digital rights.
Berne Convention (1886)
The foundational international copyright treaty, administered by WIPO, which sets minimum standards for copyright protection.
Rome Convention (1961)
Provides the current international framework for protecting broadcasting organizations, which the new treaty seeks to update.
WIPO Copyright Treaty (1996)
Updated copyright rules for the digital age, including controversial anti-circumvention provisions that informed laws like the US DMCA.
Marrakesh Treaty (2013)
A landmark treaty facilitating access to published works for persons with visual impairments, showing that WIPO can balance IP with access.
What You Can Do
Protecting digital rights requires active participation. Here are concrete steps you can take.
Stay Informed
Follow treaty negotiations through organizations like EFF, Creative Commons, and Public Knowledge. Understanding the issues is the first step.
Contact Your Representatives
Your country's WIPO delegation represents you in negotiations. Let your government know that digital rights matter to you.
Support Digital Rights Organizations
Organizations like the EFF, Access Now, and the Electronic Privacy Information Center work tirelessly to protect your digital rights.
Spread Awareness
Many people are unaware of how international IP treaties affect their daily lives. Share what you learn with your community.