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2 results

  • 21 - The Internet Balancing Formula

  • from Part V - Internet Balancing Formula
  • Mart Susi, Tallinn University
  • Book:
    The Non-Coherence Theory of Digital Human Rights
    Published online:
    22 February 2024
    Print publication:
    29 February 2024, pp 249-266

  • Summary

    The IBF is a quotient of the relative numerical value of two fundamental rights – the numerical value assigned as a result of input elements for the right to privacy divided by the numerical value assigned to the freedom of expression as a result of input elements. The input elements are internet vulnerability, degree of interference into privacy, the element of time, public interest, public figure, how the information was obtained and empathy. The Internet Balancing Formula is capable of maximising the element of transparency and minimising the element of arbitrariness in private online balancing. It is therefore a tool that brings optimised order to the online dimension of conflicting fundamental rights. The formula can claim correctness in a given time–space related context. It is a rational, mathematical and living instrument.

The Non-Coherence Theory of Digital Human Rights
  • Mart Susi
  • Published online:
    22 February 2024
    Print publication:
    29 February 2024
  • Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details.