Some Reflections on Two of the Most Visible Developments: The Right to Refuse Internet Use and the „Chilling Effect”
Some Reflections on Two of the Most Visible Developments: The Right to Refuse Internet Use and the „Chilling Effect”

Author(s): Cristina Elena Popa Tache, Heliona Miço (Bellani)
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Law and Transitional Justice
Published by: ADJURIS – International Academic Publisher
Keywords: internet, human rights; individual autonomy; chilling effect; lawfare; right to disconnect; digitization; new technologies; society; international law;
Summary/Abstract: The use of technology brings forth several dilemmas, as does internet usage. Not all individuals possess the necessary skills to master technological capabilities – a challenging feat for most of the world's population. The internet is considered by definition a technology, and in this capacity, it is natural to be attached to a series of rights and obligations. From society's accumulated experience, we have witnessed various metamorphoses of human rights, and one of the precursors to the right not to use the internet is the right to disconnect, increasingly encountered. In what stage is this concept of the individual's right to abstain from participating in the online sphere? Is it an El Dorado for modern human rights? How far can individual autonomy go? Why together with the "chilling effect"? Because the connection between individual autonomy and freedom of expression lies in the fact that freedom of expression is often a way in which people express and affirm their autonomy. Through liberal expression, an individual can express their identity, values, and preferences, contributing to the development and affirmation of their own autonomy. The chilling effect, seen as a modern form of lawfare, stifles the evolution of individual rights, reduces freedom, and diminishes the autonomy of individuals in deciding whether or not to use the internet and to what extent they choose to do so online. This article aims to initiate essential discussions regarding the legal and ethical aspects that may make this option of humanity not to use the internet possible or impossible.

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