Can a court lawfully forbid a person access to the Internet as a term of his probation?
Can a court lawfully forbid a person access to the Internet as a term of his probation?

Summary/Abstract: The lawfulness of prohibition of access to the Internet to a person depends on several important things: the existence of law provisions regulating probation and protection of person’s fundamental rights and freedoms. Although the purpose of probation is primarily rehabilitative and offers an offender the opportunity to enjoy freedom under special conditions, these should not be overly strict or broad as to unreasonably limit fundamental liberties of an offender. On one hand, a court in making a decision towards what terms should be imposed considers public safety against possible hazards from the offender, while on the other hand a court also should keep in mind the respect to basic human rights of an offender. These things are balanced each time a court issues its orders. Moreover, each case always has its unique circumstances, in light of which a court decides what condition would be reasonable and necessary for rehabilitative purposes. Such an approach is used in America, where the courts use their own discretion on imposing specific conditions. When the imposed condition complies with reasonableness and necessity criteria, as well as suits the rehabilitative purposes provided in the law, than it is lawful. (…) There is no doubt that when the Lithuanian probation system will be put into implementation, the same issues, although to a lesser extent, discussed in American situation will also have significant relevance in Lithuania, bearing in mind the quick Internet intrusion into social life of this country. In this place the American approach would help to overcome some problems, which rise in imposing Internet access prohibitions as probation terms, in advance without practically experiencing them and thus guaranteeing the protection of fundamental rights and liberties of a person. Surely, along with the American approach on the issue, the European legal framework also must be considered.(…)

• Details
• Contents