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19 - Proportionality Deficit Paradox

from Part IV - The Impact of the Non-coherence Theory

Published online by Cambridge University Press:  22 February 2024

Mart Susi
Affiliation:
Tallinn University
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Summary

Non-coherence theory says the boundaries of traditional fundamental rights either become broader or narrower once transposed into the digital context, and this has also been shown previously. There are two images which at first sight appear almost the opposite of one another. The first reflects almost total freedom of expression unrestrained in practice, and the second almost the total absence of such freedom due to e-technologies which have the function of transparency and perpetuating everything which has been recorded or done. The first is a feature of social media and the second of blockchain technologies. These images may seem incompatible but are additionally explainable through the proportionality deficit paradox. Proportionality as a human rights instrument becomes distorted and weakened in the digital domain. The fragmentation stems from the loss of its holistic capacity to be applied anywhere relative rights collide online. The distortion means a breakage of the link between the outcome and the proportionality principle. The concept of proportionality between online and offline human rights domains exhibits wide non-coherence.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Proportionality Deficit Paradox
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.024
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  • Proportionality Deficit Paradox
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.024
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Proportionality Deficit Paradox
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.024
Available formats
×