Prolegomena on the Right to the Internet

Abstract

The right to the Internet is analysed from the perspective of the fundamental rights of
European citizens, as enshrined in treaties and the Charter of Fundamental Rights of the
European Union. The Internet constitutes an integral part, even a condition, for access to
institutions and rights. The perspective adopted is that of Europe’s digital transformation,
driven by reforms initiated in recent years in several key areas: data protection, digital
markets, electronic identification and trust services for electronic transactions, equitable
access to data and its fair use (Data Act), digital security, access to documents, and the
regulation of the single market for digital services. All these reforms prioritize the citizen,
yet the relationship is mediated by a tool, a technology to which citizens must have nondiscriminatory
access: the Internet. Access to the Internet encompasses a complex set of
rights, not limited to the use of the Internet or email as means of identification and
correspondence, but extending to the protection and guarantee of citizens’ rights to
information, expression, privacy, and data protection. This study examines the extent to
which states might be obligated to ensure Internet access and how fundamental rights of
citizens are guaranteed in this context.
The research methodology focuses on analysing European Union legislation centred
on the Internet, platforms, and rights exercised by European citizens online, as well as
pertinent national legislation. The jurisprudence of the Court of Justice of the European
Union and the European Court of Human Rights, along with relevant national jurisprudence
and administrative practices, are also explored to investigate the existence of a right to the
Internet.