THE EVOLUTION OF HUMAN RIGHTS LAW IN THE DIGITAL AGE

Abstract

As technology evolves, human rights face new tests and transformations. In the digital age, our rights to privacy, expression, and freedom from discrimination now extend into online spaces. However, current legal frameworks are struggling to keep up with these rapid changes. This blog explores how digitalization is reshaping human rights law, compares international approaches, present the Pegasus spyware case to highlight the dangers of digital surveillance, highlight key challenges, and suggest ways to strengthen digital rights protection. The conclusion calls for a more compassionate, inclusive approach to human dignity in the online world.

Introduction

In a world where our lives are increasingly intertwined with technology, human rights are no longer confined to physical spaces. They now follow us into the digital realm-into our emails, social media accounts, online searches, and virtual identities. As we speak, millions of voices rise daily from smartphones and laptops, demanding freedom, dignity, and justice. But with this new frontier comes a sobering reality: digital tools that empower us can also be used to oppress, surveil, and silence. The evolution of human rights law in the digital age, therefore, is not a luxury-it is a necessity. It is the law catching up with life itself.

Background

The idea of human rights is rooted in the dignity of every person-a principle that gained international momentum after World War II through the Universal Declaration of Human Rights (UDHR) in 1948. Initially focused on physical integrity, political participation, and freedom from oppression (Donnelly, 2013), human rights law was crafted in a pre-digital era. However, as technology has redefined how we communicate, express ourselves, and access information, the need to reinterpret these rights within the digital space has grown ever more urgent. The rise of the internet and social media platforms has given individuals a powerful voice. It has also presented challenges in areas such as privacy, digital surveillance, misinformation, algorithmic bias, and online hate speech. Governments and corporations alike wield immense control over digital infrastructure-often with little transparency or accountability (Zubboff, 2019). As a result, there has been increasing debate on how existing human rights frameworks should adapt to digital realities.

International bodies like the United Nations Human Rights Council have acknowledged the urgency of digital rights. In 2012, the Council affirmed that “the same rights that people have offline must also be protected online (UNHRC, 2012). Still, implementation lags behind innovation. New jurisprudence, treaties, and digital ethics are needed to ensure that technology serves humanity-not the other way around.

Case Study: The Pegasus Spyware Scandal and the Right to Privacy

A poignant example of how digital technology threatens human rights is the Pegasus spyware scandal. Pegasus, developed by the Isreal firm NSO Group, is a surveillance software capable of infiltrating smartphones without the user’s knowledge. It can access messages, cameras, microphones, and even encrypted apps like WhatsApp. In 2021, a global investigation known as the Pegasus Project revealed that this software had been used by several governments to spy on journalists, human rights defenders and political opponents across more than 45 countries (Amnesty International, 2021). One particular alarming case involved the Mexican journalist Carmen Aristegui, known for exposing corruption and abuse of power. Her phone was infected with Pegasus in 2016, shortly after she published investigative reports about government misconduct. The attack on her digital privacy was not only a personal violation but also a direct threat to press freedom and democratic accountability.

This case underscores the urgent need for stronger legal safeguards for the right to privacy in the digital age. The European Court of Human Rights (ECtHR) and other international judicial bodies have began to address such concerns, citing Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which protects individuals from arbitrary interference with their privacy (UN General Assembly, 1966).

Comparisons Across Countries

§     Europe has been protective. The European Union’s General Data Protection Regulation (GDPR) is one of the most comprehensive digital rights laws in the world, giving users strong control over their data and imposing heavy fines for violations (Kuner, 2017).

§   African countries like Ghana and Kenya, are taking initial steps toward digital rights laws, but face challenges such as limited digital literacy, weak enforcement, and political instability (CIPESA, 2021).

§  The United States, by contrast, lacks a unified federal law protecting digital privacy. Protections are fragmented, and corporate lobbying often weakens efforts to regulate data collection (Zuboff, 2019).

§  China’s model represents the opposite direction-where state control dominates and digital freedoms are severely restricted, raising global concerns about digital authoritarianism (Creemers, 2018).

Recommendations

ü Digital Education: Promote public awareness about digital rights and how to protect oneself online, especially in low-resource settings.

ü Strengthen Oversight: Independent regulatory bodies should be empowered to monitor digital rights violations and hold both governments and corporations accountable.

ü Update Legal Frameworks: National and International laws must be updated to reflect the realities of digital life, especially in areas like data protection, artificial intelligence, and surveillance.

ü Global Cooperation: Encourage international dialogue and treaties that promote ethical technology development and ensure cross-border digital rights protection.

Conclusion

Protecting human rights in the digital age is about more than just laws- it’s about people. As our lives move online, our dignity, freedom, and safety must follow. We need stronger protections to ensure the internet remains a space for connection, not control. Human rights must evolve to meet digital realities, because behind every online violation is a real person who deserves to be seen, heard, and protected.

Closing Credit

Author- Cindy Osei Agyeman

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"