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Technological Evolution and the Right to Communicate

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Technological Evolution and the Right to Communicate:
The Implications for Electronic Democracy

William J. McIver, Jr. William F. Birdsall

School of Information Science and Policy Library consultant
University at Albany, State University of New York Halifax, Nova Scotia
Albany, New York 12222 USA. Canada
e-mail: [email protected] e-mail: [email protected]
URL: http://www.albany.edu/~mciver

Presented at
Euricom Colloquium: Electronic Networks & Democracy
9-12 October 2002
Nijmegen, The Netherlands

Abstract

This paper examines the co-evolution of information and communications technologies and communication
rights. The emphasis is on the right to communicate. The paper provides a historical analysis through several
generations of human rights developments of the inter-relationships between technical advances that enabled
new communication modalities and the subsequent social and organizational interests that evolved. These
communication modalities include bi-directional, interpersonal communications supported by telegraphy and
telephony; unidirectional, mass communications made possible the broadcast technologies of television and
radio; and bi-directional, many-to-many communications supported by the broadband technologies of
satellite, the Internet, and the World-Wide Web. Three generations of human rights have been recognized in
this context: civil and political rights; economic, social and cultural rights; and the emerging area of collective
rights.

1. Introduction
We examine in this paper the intersection between communication technologies and human rights.
We analyze the inter-relationship between technical advances that resulted in new communication
modalities and social and organizational interests that evolved through several generations of human
rights development. As communication technologies evolved into increasingly sophisticated global
networks, communication rights evolved, from specific rights expressed as negative freedoms to a
comprehensive and positive human right: a right to communicate. In short, the intersection of
communication technology and communication rights is a process of expanding universalism. Thus,
we can see the Internet on the side of communication technology and the right to communicate on the
side of human rights as together constituting what Armand Mattelart calls “networks of
universalization” (Mattelart 2002, 1).
Communication, communication technologies, and human rights are inextricably linked.
Communication is a fundamental social process necessary for individual expression and for all social
organization. The ability to communicate is the essence of being human. Human rights are those
rights one has by the very nature of being human; they are inalienable. Taking away an individual’s
ability to communicate and repressing their human rights are both dehumanizing. Throughout history,
humans have expanded their ability to communicate through technology. Therefore, technology joins
with communication in a complex inter-relationship with human rights.
Founded on eighteenth century Enlightenment concepts of progress, universal rights, and the
freedom of goods and ideas, communication technologies evolved – from the construction of national
networks of roads to the information highway-- into ever more complex and geographically dispersed
networks concomitant with the growing universality of human rights. It is not coincidental that one of
the earliest modes of a formal technical network of communication, the inauguration in 1794 of the
semaphore telegraph in France, arose out of the same Enlightenment ideals of universal
communication and the political turmoil of the closing decades of the eighteenth century as did the

1
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French Declaration of the Rights of Man and Citizen. Following the French revolution, the
semaphore network would be promoted as a guarantee of democratic rights in the new Republic
(Mattelart 2000, 4).
The connection between democracy, human rights, and communication technologies remains a
compelling idea in policy-making as illustrated by recent annual Human Development Reports of the
United Nations Development Programme (UNDP). Human Development Report 2000’s theme is
“Human Rights and Human Development” (UNDP 2000). As the report indicates, “Human rights and
human development share a common vision and a common purpose – to secure freedom, well-being
and dignity of all people everywhere” (1). Consequently, “…human development is essential for
realizing human rights, and human rights are essential for full human development” (2). The report
also links human development, human rights, and technology in its observation that “[t]oday’s
technologies and today’s more open societies present great opportunities for networking and for
building alliances” (6). The report recommends using education and media to promote human rights
norms throughout society.
In its Human Development Report 2001, the UNDP gives even greater attention to the importance
of technology to human development by adopting the theme “Making New Technologies Work for
Human Development” (UNDP 2001). It notes the importance of communication technology in
promoting citizen participation in decisions that affect their lives. The Report asserts “[t]he ultimate
significance of the network age is that it can empower people by enabling them to use and contribute
to the world’s collective knowledge. And the great challenge of the new century is to ensure that the
entire human race is so empowered—not just a lucky few” (8).
We see, then, that there is a longstanding recognized link between communication technologies
and rights; however, there is little understanding of the interaction between these two spheres. It is
our belief that it is necessary to study the development of the interaction of communication
technologies and human rights and its consequences in order to formulate effective strategies for
research, public policy, and advocacy promoting electronic networks and democracy.
Section 2 examines the co-evolution of communication rights and telecommunications. This
discussion is organized along the dimension of the so-called generations of rights. Section 3 provides
discussions of the counter arguments to a right to communicate, the implications of the right to
communicate for democracy, and a proposed agenda for the right to communicate. Conclusions are
given in Section 4.

2. The Right to Communicate Across the Generations of Rights

We contend that there have been successive innovations in communication technologies along
with successive generations of human rights. To examine the interrelationship of these two
phenomena we need to discuss the development of human rights.
It is not intended here to provide an extensive discussion of the nature of human rights. That
debate, long and continuing, involves attempting to arrive at the nature of human rights, identifying
“essential” or core lists of rights, ascertaining their universality, determining whether rights are
attached to individuals only or also groups, and a host of other issues. Such philosophical
considerations, while important, should not hinder our efforts to develop a conceptual framework to
meet practical public policy needs.
At the most fundamental level, human rights are those rights one has by the very nature of being
human (Donnelly 1989). A United Nations glossary defines human rights as follows:
Human rights are the rights possessed by all persons, by virtue of their common humanity, to live
a life of freedom and dignity. They give all people moral claims on the behaviour of individuals
and on the design of social arrangements—and are universal, inalienable and indivisible (UNDP
2000, 16)
For our purposes, it is important to recognize that human rights are social constructs. As Howard
observes: “Human rights are human rights because humankind has decided they are. Human beings
create their own sense of a morally worthwhile life” (Howard 1995, 15). It is because human rights
McIver & Birdsall, EURICOM 2002 3

are social constructs that they evolve over time, that some rights are discarded and others added, and
that one can speak of generations of human rights.
Scholars and jurists of human rights identify three generations of human rights (Vasak 1990;
Marks 1982): civil and political rights; economic, social, and cultural rights; and collective or
solidarity rights.
While reference is made to “generations” of rights, this does not mean that one set of rights takes
precedent or replaces an earlier set of rights; they are cumulative. As well, rights in each generation
are not entirely mutually exclusive; they overlap and are interdependent. Nor is each generation
exclusively a negative or positive right. Despite these caveats, the fact remains that over time there
has evolved sets of rights that are becoming more widely accepted and that continue to be elaborated
upon and added to. Therefore, there has been an increasing expansion of human needs that have fallen
within the set of human rights. The development of global interactive communication networks in the
last half of the twentieth century has generated the need for a right to communicate.
2.1 Pre-Civil Rights: Writing and Early Postal Communications, circa 2,000 BCE –
1793
The word “telecommunication” was suggested by the French in the early 1930s as a new term to
encompass the technologies of radio, telegraphy, and telephony during the formation of a single
international body to manage all of them: the International Telecommunications Union (Codding
1995). The term telecommunication is, therefore, usually associated with the electrical transmission
of messages over long distances. The earliest form of telecommunication was based not on
technologies of electrical transmission, but on the technologies of writing and road construction and
on the organization and management of networks of couriers, animals and facilities. From a technical
perspective, therefore, postal systems must be viewed as the earliest type of complex
telecommunication medium. Though primitive relative to those technologies usually associated with
telecommunication, postal communication’s enabling technologies created the necessary
preconditions for the earliest developments in civil and political rights themselves and the evolution
of norms of communication toward expectations of universal access. Postal communications even
contributed to the development of other communication technologies.
Cuneiform, heiroglyphic, and hieratic forms of writing began to develop as far back as 3,000 BCE
Egypt and Mesopotamia were sites for their development. Phonetic and script forms of writing began
to replace these as more efficient and sophisticated tools for communication around 2,000 BCE
Writing and the transport of written messages became essential tools for the management of the ever-
larger empires that began to form. As Scheele pointed, out the use of runners to carry memorized
messages was in practice when writing emerged (Scheele 1970, 7-10). Writing because of its
advantages over memory of accuracy and durability began to replace human memory and with it,
writing-based protocols for messaging emerged. The Egyptians had established courier services by
2,000 BCE, the Chinese some time after 1000 BCE, and the Assyrians by 700 BCE (Scheele, 8,10-
12,16). Evidence from early Assyrian empires revealed the use of analogs to modern day envelopes
and addresses. Mail, along with roads and armies, became the tool by which empires maintained
control over large areas and for facilitating trade. Postal communications was considered efficient and
reliable by the time of the Persian Empire (Scheele, 8).
As Innis and others have shown, media of communication, writing in particular, and transitions to
new media have made profound impacts on civilizations; and characteristics unique to different media
have determined the natures and biases of the impacts they were able to make in terms of space and
time (1964, 3-32; 33-60). In some ways, the most profound impacts that postal communications were
to have on the development of communication rights were residual when examined across the breadth
of its history. Modern civil society access to communications, wide-spread literacy necessary to make
use of such access, and expectations and norms around universal communication can all be linked to
the advent of postal services, but they were nowhere to be seen in its origins. In other ways, the
impacts of postal communications on rights and norms were recursive or cyclic in nature. Knowledge
of writing was limited, and in some cases restricted, to a small class of scribes in most societies. As
the core technology of postal communications, however, it enabled a more efficient and wider
4 McIver & Birdsall, EURICOM 2002

dispersion of knowledge than before, including knowledge of writing itself. Arguably, this recursive
interplay between writing, knowledge dispersion and the post, lead to greater pressures for both
knowledge of writing and postal services. Political transitions resulting in the disappearance of state-
run postal services created space and time for these residual and recursive impacts to strengthen and
take hold throughout civil society.
Access to early postal communication was limited to royalty, their officials, and wealthy civilians,
usually merchants. Early state postal services were distinct from the courier services used by civilians
and were more efficient since they were able to establish and maintain well-supported roads, networks
of horsemen and facilities to house them. In the Roman empire, access to the cursus publicus was
initially limited to official government business, as was also the case in the early Egyptian and
Chinese systems. Since civilians could not use the state post, access to this type of medium of
communication required the ability to hire people to carry messages, usually slaves or paid couriers,
which average citizens would not have had. Access to the post by civil society was further limited in
that it was transitively dependent on having access to a relatively small class of literate officials,
scribes, among a vastly illiterate populace to produce and interpret correspondence (Scheele, 11). The
raw media of early writing technologies were also of limited access to average citizens of the day.
Clay tables were used in Mesopotamia, Assyria, and Persia; and the Romans employed tablets called
diptychs on which messages were recorded in wax (Scheele, 7-8,12). The use of Papyrus was
originated in Egypt and was adopted gradually in other parts of the world. Scheele points out that the
production of Papyrus was monopolized by the Egyptians, which certainly limited its affordability
and, hence, accessibility (11). Parchment, made from animal skins, came into greater use by 300 CE
(13).
While civil society access to early postal systems was highly limited, civilians were brought into
direct contact with them. Many communities bore significant responsibility for the maintenance and
costs of state postal systems. These systems evolved into operations requiring significant investments
and expenditures for roads, road maintenance, animals, and support of the workers. Official couriers
in China had authority to confiscate horses from local communities, for example, and in Rome, local
communities had to provide accommodations for them. Arguably, this contact planted the seeds for
the development of norms around telecommunications in that these communities must have
eventually benefited from trade and the spread of literacy made possibly by these services, and they
were able to observe their operation. This lead in the latter case to the development of private courier
services.
Both state-sponsored postal services and literacy suffered a general decline in Europe with the fall
of the Roman Empire and the resulting void in coherent political leadership across large regions. By
the ninth century CE, state-sponsored postal systems had practically disappeared in Europe, though
courts maintained their own messenger services (Scheele, 19-27). Roads left by the Empire provided
the means for private services to continue and develop. Private, institutional courier services came
into being in the eleventh century as universities, cathedrals and other types of institutions emerged
and sought means of communicating with other institutions (19). In China, the imperial postal system
was opened for civilian access in 1402 CE. In Europe, private courier services began to evolve further
in the twelfth century with the increase in commerce between city-states. This lead eventually to the
establishment of numerous relationships between private courier organizations and governments, the
best known of these was the Thurn and Taxis Posts.
It was during the ascendancy of the nation-state that the seminal developments in civil and
political rights occurred. A culture of greater literacy in the eighteenth century eventually enabled
greater intellectual and economic development, and eventually created an environment in which the
work of intellectuals such as Voltaire, Diderot, and Rosseau – whose work collectively weakened the
hold of the church and the absolute rule of the monarchy, and fostered revolutionary thought -- had
wider accessibility than in early periods. The telecommunication of these ideas played a critical role
in their impacts. Correspondence between these and other figures is well known. Voltaire, for
example, is believed to have written over 20,000 letters to other philosophers and dignitaries across
Europe (Tallentyre 1919). The societal pressures brought to bear by the dissemination of the ideas of
McIver & Birdsall, EURICOM 2002 5

Voltaire and others into civil society, or the third estate, is recognized as significant factor giving rise
to the French Revolution.
As the larger nation-state became ascendant, a movement back to government-run postal systems
began. This occurred for a number of reasons. As Adam Smith pointed out, governments could realize
significant profits from these services (1976, BK V., CH 1, Pt. II. p. 246). Even when governments
did not maintain national postal services, they usually did not entrust private couriers with state
communications; they maintained their own courier services. Thus, they were inclined to control their
own postal systems when it became feasible. The corresponding concern by civil society was over the
ability of governments to censor and prevent the transfer of mail. Most systems were government
controlled by 1867.
During this period, another cycle of sorts would take place, providing greater access to the posts
by civil society. Government-controlled postal services were again the norm. On one hand, the fee
structures and the desire to make a profit made their legitimate use prohibitive for many. While on the
other hand, abuses to avoid paying postal fees became widespread. The British government sought to
continue its postal service while making it more viable in light of these abuses. Ironically, abuse of the
postal system and the government’s desire to continue service for the general population is evidence
of the entrenchment of postal services by this time as a norm for communication, otherwise other
means of communication might have been sought by its abusers. Postal reforms were enacted by
Great Britain in 1840, which made the cost of access more affordable and uniform through a
nonprofit, flat-rate model. The reforms also made the British system less prone to abuse, through the
introduction of the most significant development in postal communications leading into the modern
era, prepaid mail using postage stamps. These reforms resulted in a doubling of the usage of the
service the following year and a more than four fold increase by the end of that decade (Scheele, 32-
35). Many countries quickly adopted the British model, thereby fostering the concept of a universal
system of postal communications shared by most countries.
Thus, the residual and recursive social impacts of postal communication occurred along multiple
trajectories, with political trends yielding time and space for this medium to become entrenched
within civil society and for the dispersion of knowledge to more citizens. In this way, it began to
create and shape norms around communication rights.
2.2 Modern Civil and Political Rights: Moderns Postal Service and the Introduction
of Electrical Telecommunications, 1793 – 1948.
The period from 1793 to 1948 saw seminal developments in civil and political rights from the
French Revolution to the adoption of the Universal Declaration of Human Rights in 1948. The
evolution of civil and political rights in individual states occurred in the context of increasing
internationalization of communications. Early international standards bodies formed around the
deployment of postal services, telegraphy, telephony and radio to resolve realized and potential
international political and technical conflicts that they raised. It was in this context that the notions of
universal service and freedom of transit for communications began to emerge. Their introduction
cannot be seen initially as statements on human rights as much as they were necessary requirements
for the operation of international networks. The failure by individual states to uphold such principles
could cause the common area of operation to disintegrate. As with postal communications, the
presence of this type of principle fostered the development of norms that would influence later human
rights perspectives on universal service.

Internationalization of Postal Communications

The Universal Postal Union (UPU) was established in 1874 following the return to government-
controlled postal services across Europe and other parts of the world. By this time, postal service was
an entrenched medium of communication for a significant segment of civil society in many countries
and rates and practices for international mail had to be normalized. The reform of the British system,
which simplified and reduced access costs for postal services, created pressure for reform at the
international level. (Codding 1964, 18-20). Concerns included reducing rates, reducing transfer times,
6 McIver & Birdsall, EURICOM 2002

instituting uniform procedures for mail forwarding and the transfer of official mail, and eliminating
extra costs for forwarding mail. The work of the UPU with most relevance to communications rights
have been the concepts of universality in the handling and fee structure for international mail and
freedom of transit in the transfer of mail through third countries (73-75). These principles failed
during World Wars I and II, but their presence at other times arguably contributed to a burgeoning
conception of communication rights.

Telegraphy, Telephony, and Early Radio

Telegraphy, telephony, and radio evolved along different trajectories with respect to universality
and communication rights in the international context. This was due in part to the unique
characteristics of each technology and the development of two fundamentally different types of
regulatory models: one controlled by the private sector in the United States and government-
controlled telecommunications systems in most other countries. In the case of radio and telephony,
however, interconnection or interoperation barriers raised by the private sector hindered universality.
The first electrical telegraphy devices were demonstrated in the early 1830s. Telegraphy’s impact
was rapid. The first Trans-Atlantic telegraph transmissions were performed in 1866. In the U.S., the
first coast-to-coast line was completed in 1869. The telegraph made rapid impacts on
communications, from speeding up the delivery of written correspondence, in the form of the
telegram, to the instantaneous reporting of the news during the American Civil War. As with postal
services, countries saw the need to standardize telegraphy. Consequently, the International Telegraph
Union was founded in 1865. Universality was a stated goal from the outset. The ITU Convention of
1865 articulated support for the availability of telecommunication services for all people (Hamelink
1994, 66).
The telephone was invented in 1876. By 1885, the ITU had begun to address its use (ITU 2002).
The goal of universality would have been extended to telephony under the umbrella of the ITU’s
constitution. Universality in this context, as with early work on international postal and telegraphy
communications, was probably concerned more with practical matters, than with moral and ethical
ones. In particular, the concern was with the maintenance of a common international operating area.
As Codding has pointed out, the characteristics of this technology raised different challenges to
universality in the international context (1995). Language was less a barrier for processing mail and
Morse code than it was for human conversation. Thus, the dispersion of telephony in Europe was
slower than in the U.S. and, therefore, was less a factor in generating norm-creating pressures toward
human rights conceptions of communications than it was in the U.S.
Radio was invented in 1895. Its first application was for radio-telegraphy in 1896. Its international
regulation was first taken up in the period 1903 to 1906 with the formation of the International Radio-
Telegraph Union (IRU). The characteristics of this technology caused an urgent need for government
regulation. Transmissions via radio are not directional nor confined to a medium as they are in
telegraphy or telephony. Thus, the management of radio spectrum and of broadcast areas had to be
addressed. The Marconi Corporation raised interoperation barriers -- hindering universality -- by not
allowing its operators to communicate other using non-Marconi equipment. This issue was resolved
by the IRU in 1912 (Codding 1995).
Universality came about in a different way in the U.S., initially driven more by private sector
machinations than by the concerns over the creation of a common operating area held in the ITU.
Theodore Vail proposed universal service in 1907 in the context of a regulated monopoly in his drive
to regain control of the market. Customers during this time often had to choose between competing
telephone companies whose networks had disjoint coverage. This was an interconnection barrier to
universality. Vail was motivate to establish universal service, not necessarily as a way of meeting
human needs, but as a way of reducing competition through the interconnection of competing
networks (Anderson et al. 1995, 117; Mueller 1997). Dispersion of telephony was further aided by its
lower access cost relative to telegraphy (Codding 1995).
Radio regulation became more complex in 1920 when Marconi initiated sound broadcasting,
which brought about instantaneous broadcast communications (ITU 2002). Radio had several
McIver & Birdsall, EURICOM 2002 7

characteristics unlike other information and communication technologies (ICTs) up to that time,
which gave it the potential of disseminating information to many millions of people across divisions
of demographics and geography. The broadcast characteristics of the medium allowed information to
be sent easily across large geographic areas. The audio nature of the medium eliminated literacy as a
barrier to information. Finally, cost was not a major barrier to acquiring information from radio, as
evidenced by its high household penetration rates. Therefore, radio became a medium for public
discourse in a national network context in the U.S. and other countries during the period of the 1930s
and 1940s (Savage, 1999, 1-6). Savage noted that by the 1940s, over 80% of U.S. households had
radio sets, but it was easy and customary for those who did not own them to share their output with
those who did own them. By the 1940s, these factors lead to radio becoming a preferred source of
news and other information. In the U.S., the dispersion and characteristics of the medium generated a
struggle by the private sector in a non-regulated environment. As McChesney has shown, the
resolution of this struggle with the U.S. Communications Act of 1934 greatly restricted
communication rights in this medium in the U.S. (1994). This would be mitigated somewhat over the
next 30 years with civil society and regulatory interventions.
By 1934, pressure from governments resulted in the merger of the International Telegraph Union
and the International Radio-Telegraph Union to form the International Telecommunications Union
(ITU). Telephony had been fully integrated into the old ITU in 1925 (Codding 1995). It was also in
this year that the U.S. Communications Act was passed. It included the first provisions mandating
universal service for telephony in the U.S. As with postal service much earlier, both this government
intervention and increasing dispersion contributed over time to changes in the United States in norms
for access to information, emergency services, and the performance of other life-critical tasks. Today
access to a telephone is considered a necessity in many countries. This norm, for example, was more
strongly codified following the 1934 Act in such legislation as California’s Lifeline Bill, which
stipulates that a minimum level of basic telephone service be made available to all (Moore 1983). The
passage in 1934 of this Act has negative impacts on progress toward a right to communicate. It
instituted a commercial broadcasting model for radio, which greatly limited community-based
broadcasting. This would also serve as the model for television broadcasting (see McChesney 1994).
The development of the United Nations and its Universal Declaration of Human Rights in the
aftermath of World War II brought all of these previous technological and regulatory developments
into the context of human rights. Both the UPU and the ITU became specialized agencies of the UN in
1947.
2.3 Economic, Social, and Cultural Rights: Modern Broadcast and Electronic
Telecommunications, 1948 - present
The second generation of rights arose in the nineteenth century in response to the consequences of
the industrial revolution. These are economic, social, and cultural rights including the right to an
education, housing, health, employment, adequate income, and social security. Their political
foundation is socialism and they are sometimes characterized as welfare rights. As claims for greater
social equality, they are positive rights that require the provision of the resources necessary for
individuals to exercise these rights.
Many of these first and second-generation rights were enunciated in the Universal Declaration of
Human Rights adopted by the United Nations (UN) in 1948. They were codified in international law
in two UN treaties adopted in 1966 that went into effect in 1976: the International Covenant on Civil
and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural
Rights (ICESCR). These covenants, along with the UDHR, are known as the International Bill of
Human Rights (UN 1993). The UN has adopted numerous other declarations and treaties elaborating
on these rights. Not all countries have ratified or implement the human rights enunciated in the
International Bill of Human Rights as debate continues over the nature of human rights. Nonetheless,
over 140 countries have ratified or acceded to the International Bill of Human Rights, which indicates
that there is worldwide acceptance if not implementation of a set of human rights norms.
8 McIver & Birdsall, EURICOM 2002

The basis for the modern conception of the human right to communicate derives from rights set
forth in the Universal Declaration of Human Rights (UN 1993), adopted in 1948. The centerpiece of
the declaration with regard to communication is Article 19, which states:
Everyone has the right to freedom of opinion and expression: this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Article 19 is buttressed by two other articles, which are key to the its realization. Article 27 section 1
states:
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.
Scientific advancements necessary to invent modern communication such as telephony, the Internet or
other technologies that enable the World-Wide Web can be seen in the context of Article 27, not as
the exclusive domain of those who are able to negotiate the market place to acquire them, but as
entitlements of people whose societies support their creation (e.g. through government research grants
or a reallocation of resources). The rights set forth in Articles 19 and 27 imply that a society must
maintain adequate literacy rates and basic infrastructure for their enforcement. Article 28 addresses
this in principle, stating:
Everyone is entitled to a social and international order in which the rights and freedoms set forth in
this Declaration can be fully realized.
Articles 19 and 28 can be seen as complementary since it is argued that communication is a necessary
component for maintaining a social and international order in which rights such as those set forth in
the Universal Declaration of Human Rights are enforced. All of these articles were transmitted to the
ICCPR and ICESCR, which made them binding on states party to them.

Mass Media: Radio and Television

At the birth of the UN, significant developments in creating broadcast models for radio and
television had already taken place. Government-controlled models dominated in most countries and
dispersion was moving apace. Household penetration rates for television would actually become
greater in many countries than that of the telephone. For example, telephone penetration of U.S.
households was 94.1% by 1998 (NTIA 1999, 2), while an estimated 98% of U.S. households had at
least one television set that same year (TVB, 2000). Radio and television share several characteristics
that have made them especially important in a communication rights context:
• use of their output is not dependent on literacy,
• they enable the broadcasting of information over large areas,
• barriers to participation in content formation are high due to transmission equipment costs (with
the exception of micro-power radio),
• infrastructure costs are lower relative to telephony and telegraphy, and
• access costs to radio or television sets are low relative to telephony.

Developing nations and non-governmental organizations in them became highly sensitive to these
characteristics. They objected to what they saw as undemocratic uses of mass media by colonizing
nations, which was aided by their uni-directional nature. This ultimately contributed to the conception
of the right to communicate. The concept of one-way data flow was developed in the 1950s as a
characterization of the dominant news flows from the industrialized nations to developing and
underdeveloped nations at the time (UNESCO 1980a, 36). Freedom of information was seen as a one-
way process of transmitting information from those in power to ordinary individuals. Thus, in the
wording of Article 19, certain types of information were being imparted in one direction and usually
without people explicitly seeking it. Hamelink points out that colonizing nations began broadcasting
to their colonies in the 1920s. Independence movements within colonies and ultimately the
McIver & Birdsall, EURICOM 2002 9

independent states they would become had to contend with the social and political impacts of colonial
media on their pre-revolutionary nationalists movements, the internal inter-ethnic conflicts they
usually entailed, and on changes to their national cultures. Such conflicts continue to this day. The
Bandung Conference in 1955 at the advent of the Non-Aligned Movement, and the United Nations
Conference on Trade and Development in 1964 were forums in which issues of post-colonial
communication and North-South communication imbalances were raised (Hamelink 1994). A host of
developments followed over the next thirty years, leading to identification and development of the
right to communicate. Satellite communications raised these issues to a new level.

Satellite Communications
When the Soviet Union launched Sputnik in 1957, the implications of satellites for both cultural
development and communications were quickly perceived. Satellites had tremendous potential for the
transmission and networking of information spanning great distances and remote regions. The
implications were so profound that Marshall McLuhan’s characterization of the “global village”
became the emblematic phrase of the era. The United States and Canada quickly followed the Soviet
Union with their own satellite programs. Direct broadcasting over wide areas of the planet by satellite
increased concerns among many countries about the challenge of maintaining cultural diversity and
identity. Direct satellite broadcasting (DBS) opened up the possibility of transmitting signals
anywhere without any government control. The issue of Canadian cultural sovereignty vis-à-vis the
United States was one impetus for Canada’s rapid entry into satellites. Radio in particular was
considered an important tool in nationalist development. There was the realization that direct satellite
broadcasting could undermine national government communication strategies. As Comor observes,
“…because of the ‘intimate’ quality of the human voice and image entering one’s home, DBS
provides an effective means through which both a literate and non-literate population can be reached.”
Because of this intimacy, “an effective and immediate expression (and manipulation) of human
emotion is a well-recognized political and commercial advantage relative to other forms of mass
media” (Comor 1994, 87-88). Coupled with the concern over the control of broadcasting, developing
countries for some time had been raising the issue of their lack of mass communication resources
relative to those in the developed nations. In 1961, the General Assembly of the United Nations
passed a resolution that “Communication by mean of satellite should be available to the nations of the
world as soon as practicable on a global and non-discriminatory basis” (Hamelink 1994, 67).
This concern for cultural diversity in the face of technological developments was soon linked to
human rights. There was already reference to culture in the Universal Declaration of Human Rights.
Article 27 states that “Everyone has the right freely to participate in the cultural life of the
community.” There is also reference in Article 22 to economic, social, and cultural rights. In 1968,
UNESCO held a conference of experts to consider the possibility of cultural rights as human rights.
However, the linking of the implications of direct satellite broadcasting to human rights would be
articulated at that time by the Frenchman, Jean d’Arcy, Director of Radio and Visual Services in the
UN Office of Public Information, in an article published in 1969 on “Direct Broadcast Satellites and
the Right to Communicate (d’Arcy 1969). D’Arcy had the professional and personal background to
see the inter-relationship between new communication technology and human rights.
Being located at the United Nations in its own media program, d’Arcy was undoubtedly familiar
with the concerns and discussions surrounding cultural diversity and media dominance. Being French,
he was from a country that was not only the source of one of the great Western human rights
traditions but was a country sensitive to the issue of protecting its cultural and lingual identity. Since
the nineteenth century, France was especially concerned about the “Americanization” of its culture
and language. In the post-World War II period there was particular concern about media dominance
as expressed, for example, in the 1967 bestseller, Le Défi Américain (The American Challenge) by the
French journalist, Jean Jacque Servan-Schreiber. As someone who worked in the French media
industry, served an administrative role in the United Nations, as well as being a communications
scholar and activist, d’Arcy had a fertile background for envisioning a link between developments in
communication technology and human rights at that particular time.
10 McIver & Birdsall, EURICOM 2002

Certainly, it was quickly grasped that the right to communicate “protects cultural diversity in a
world which is increasingly subject to the homogenizing influences of technology” (Anawalt 1985,
200). As countries expressed concerns about “cultural aggression and cultural imperialism,” the
rhetoric would shift from the traditional right of freedom of expression to d’Arcy’s idea of a right to
communicate (Van Dyke 1980).
However, as important as the cultural component of the right to communicate is, it is a second
interrelated aspect that d’Arcy stressed and that is of particular relevance to the theme of this paper
and this EURICOM conference. This is the importance the right gives to the individual citizen and
groups to participate in the communication process.
While recent developments in direct broadcast satellite communication was the immediate context
in which d’Arcy conceived of a right to communicate, he drew for inspiration on Bertolt Brecht’s
response to the development of an earlier communication medium, the radio. In reading Brecht’s
essay, “Theory of Radio,” published in 1932, d’Arcy was especially struck by Brecht’s comment on
the radio as a potential technology for interactive communication. Brecht wrote:
Radio must be changed from a means of distribution to a means of communication. Radio would
be the most wonderful means of communication imaginable in public life, a huge linked system—
that is to say, it would be such, if it were capable not only of receiving but of transmitting, of
allowing the listener not only to hear but to speak, and did not isolate him but brought him into
contact (quoted in Richstad, forthcoming)
At the time Brecht wrote his piece the commercial and regulatory structures of radio were reaching
the configuration that would prevail through much of the rest of the century. Prior to that time there
were many amateur broadcasters using radio as wireless telephony and distributing content to their
communities and among themselves. This distributed local broadcasting would flourish until it was
marginalized by the commercialization and concentration of radio broadcasting and the accompanying
regulatory structure that emerged in the 1930s (Stevenson 1996). Similarly, at the time d’Arcy was
thinking about a right to communicate, cable television, another technology whose implementation
was initially perceived as having the potential for democratic participation, was undergoing greater
commercial concentration and regulation (Surman 1996). Brecht’s comments, written as radio was
moving rapidly into its commercial/regulatory phase, reflected an alternative vision for radio. D’Arcy
was writing at a not dissimilar time, as cable was moving into its more commercial and concentrated
structure. For d’Arcy, direct broadcast satellites opened the possibility of interactive participative
communication as envisioned by Brecht. By doing so, it also changed the social and technological
context of traditional rights with communication, in particular, if there was to be any hope of
developing a truly democratic mode of communication free from the dominance of large public and
private organizations and regulatory structures.
The importance of communication is acknowledged in the United Nations Universal Declaration
of Human Rights. References to aspects of communication are:
• Article 12 on privacy;
• Article 18 on freedom of thought, conscience, and religion;
• Article 19 on freedom of expression and the right to seek, receive, and impart information through
any media;
• Article 20 on the freedom of peaceful assembly;
• Article 26 on the right to education; and,
• Article 27 on the right to participate in the cultural life of the community as well as intellectual
property rights.
However, these statements of rights and freedoms were conceived in the context of the print media
and one-way, top down distribution through mass communication systems. They arose out of a print
and broadcasting environment in which rights were concerned about the free flow of information
rather than the process of communication. Jean d’Arcy described this situation as the “mass media
mentality”: “For almost a century, people in this age of mass societies have become conditioned by
their ‘mass media mentality’ to accept as normal and ineluctable a unilateral, vertical flow of non-
diversified information” (d’Arcy 1983). As d’Arcy asserted, this conceptualization of
McIver & Birdsall, EURICOM 2002 11

communication is inadequate in an era of global interactive telecommunications where the individual

can participate in horizontal interactive communication.
He recognized that Article 19 in particular of the Universal Declaration of Human Rights was too
narrow in a world of global interactive communications (d’Arcy 1969). Article 19 was formulated in
the immediate aftermath of World War II when the primary concern was the free flow of information
through the mass media, in particular, radio. He saw that broadcasting, computing, and satellite
telecommunications were going to become increasingly inter-related, opening up multiple channels of
communication among individuals and groups. Global two-way or interactive communication to
other individuals or groups of individuals could be placed in the hands of everyone. As more people
gained access to the means of participating in the emerging communication processes communication
would no longer be dominated by economic and political elites. Consequently, d’Arcy concluded:
The time will come when the Universal Declaration of Human Rights will have to encompass a
more extensive right than man’s right to information, first laid down-twenty one years ago in
Article in 19. This is the right to communicate (d’Arcy 1969)
He claimed that people had been so immersed in the mass media mentality for over a hundred
years that they accepted as normal the “unilateral, vertical flow of non-diversified information” (1983,
xxi). National and international communications regulatory regimes reinforced this structure of
communication. However, for d’Arcy a key to understanding the difference between the traditional
one-way mass media technological and social structures and the emerging environment is the
difference between information and communication. In the past, these two terms were often used
synonymously. However, technological progress and social change were, according to d’Arcy,
creating distinct meanings to these two words. The distinction between information and
communication is crucial. (d’Arcy 1983, xxii-xxiv; Fisher 1982, 13-14)
The distribution of information and the accompanying mass media mentality were the result of the
economic and technological development of mass media. In the past each new media created its own
mass industry. The invention of the rotary press in the mid-nineteenth century led to a concentration
of publishing and printing along with mass distribution of newspapers and other publications. The
same process of concentration and mass distribution evolved in the radio, film, and television
industries. These systems, dominated by a few major producers and distributors, were designed for
the vertical, unilateral, mass distribution of information, not for communication. As d’Arcy asserts,
“Communication implies interactivity” (d’Arcy 1983, xxii)
For d’Arcy the social and human rights implications of direct broadcast satellite would be more
than just an improved version of cable. Its import would be that it breaks free from the controls
embedded in traditional communication economic and regulatory structures. It could not be
controlled. As new political and social structures are always created around new modes of
communication, d’Arcy claimed there was a need “…to rethink the patterns in terms of the era of the
direct broadcast satellite, the computer and the domestic high-capacity cable rather than to attempt to
force tomorrow’s tools into today’s structures” (d’Arcy 1969, 3).
Ahead of his time in anticipating the potential of convergence, d’Arcy envisioned the emergence
of new technological and social structures that would replace the outmoded models of the past that
reside in each sector of mass communications. Writing in 1983, he observed “The present
convergence of all sectors around electronics has made us aware of the social and cultural importance
of communication as distinct from information.” The old structures of separate sectors of mass
distribution would be destabilized and driven towards one unified system. The new structure will
allow for horizontal, multi-channel, and interactive communication between individuals and groups.
The older communication structures were concerned about the distribution of content. Consequently,
the rights associated with them were focused on content as well. The new, interactive, unified system
is about the process of communication, hence, the need for a new right that does not exclude
considerations of content, but whose starting point is the process of communication. It is because of
this new structure that “A new right for man is due to emerge from it.” (1983, xxiv)
As d’Arcy explains, the development of earlier communication technologies into separate sectors
gave rise to separate concepts of freedoms including freedom of assembly, freedom of thought,
12 McIver & Birdsall, EURICOM 2002

freedom of expression, freedom of the press. However, it useful here to note the differentiation
between freedoms and rights as does Desmond Fisher in his consideration of the right to
communicate. An individual can choose to exercise a freedom or not. Whether one exercises a
freedom does not diminish an individual as a human. As well, the state and others are only restrained
from hindering the exercise of a freedom but are under no obligation to promote its exercise. In
contrast, a human right is inherent to the individual, it is possessed whether one exercises it or not and
to repress such a right is dehumanizing. Furthermore, the state is under an obligation to insure through
the provision of legal and material resources that the individual can exercise the right. (Fisher 1982,
19) Thus, it is helpful to see that earlier communication rights were predominately negative
freedoms, that is, freedoms from state repression. What d’Arcy called for was not the replacement of
the traditional communication freedoms but their encompassing by a broader human right, the right to
communicate. This represents a shift from rights expressed as negative freedoms associated with
separate spheres of communication—assembly, speech, press—to a positive comprehensive human
right encompassing all these freedoms and more. The right to communicate would serve as the crown
of what d’Arcy called an “ascending progression” of rights and freedoms (d’Arcy 1983).
Thus, the right to communicate and its social and technological environment differs from the
previous era in the distinctions made between:
• the role of the individual as a passive receiver of information and the role of an active participant
in interactive global communication;
• information and communication;
• content and process; and
• freedoms and rights.

2.4 The Third Generation: Collective Rights and Solidarity Rights, 1955 – Present.
The third generation of rights emerged in the closing decades of the twentieth century. They are
still widely debated and, are still largely absent in international law. These rights differ from the
earlier rights in a number of ways:
• they arise out of planetary or global concerns,
• they embody both individual and collective rights,
• they are even stronger positive rights in that they require state intervention often at both the
national and international levels in coordination with other states,
• they often involve a redefinition or extension of earlier rights.
These are considered collective or solidarity rights such as a right to a clean environment, to collective
economic, social, and cultural development, to peace, to common heritage, to humanitarian assistance,
and to communicate. Initially, they arose in the last half of the twentieth century out of the anti-
colonial era (for example, the right to development) but also reflect other global concerns such as the
environment. It is because they are global in nature they require the state to be interventionist, not
only nationally but also internationally in insuring citizens can exercise these rights individually and
as a collective.

From Bandung to Montreux and Beyond

The Bandung Conference of the Non-Aligned Movement in 1955 and the ITU Plenipotentiary
Conference at Montreux in 1965 were sites where the development of communication rights entered
the domain of collective rights. The earlier conference began to address the social and cultural
impacts of broadcast ICTs in developing countries. The Montreux Conference began to deal with the
economic, social and political impacts of ICTs (Markle Foundation 1972, 3-6). In particular,
developing nations began to link communication with development. Recommendations were made to
the Plenipoteniary that the ITU support technical assistance, establish a regional presence, and that
member states establish a fund for use by developing countries for this assistance (Codding 1995).
This initiated a movement that has continued to the present, with mixed results in achieving these
recommendations. By 1982, the ITU’s convention had been successfully changed to include in its
McIver & Birdsall, EURICOM 2002 13

mission the “[maintenance] and [extension] of international cooperation … for the improvement and
rational use of telecommunications” (quoted from Codding 1995). A number of civil society
organizations involved in communication rights have extended this conception of development to
include not only technical assistance for member states, but also for communities therein. Among
many other issues, they maintain that assistance must extend from the technical level to that which
would allow communities to both make use of information transmitted over ICTs and to participate in
its formation (see Rockefeller Foundation 1999 and WSIS-CSCG 2002).

Futher Development of Communication Rights Theory

As envisioned by d’Arcy, the right to communicate displays all the characteristics of third
generation rights. It is planetary in that it was conceived at the time when the global implications of
satellite communication, combined with computing networking, were becoming apparent. It is a right
belonging not only to individuals but groups, thus, it is a collective or solidarity right. It is a strong
positive right in that the state has the responsibility to insure its citizens have the resources to exercise
the right. Finally, it is an extension or redefinition of earlier rights and freedoms, in particular freedom
of opinion and expression. However, like other third generation rights the debate of what constitutes
a right to communicate is yet to be resolved.
Jean d’Arcy himself never provided a concise definition of the right to communicate. Nor was his
idea immediately taken up within the United Nations community. We noted earlier that one of the
factors giving rise to third generation rights was the decolonization movement following World War
II. And we noted that less developed countries were expressing concerns about media dominance and
cultural diversity. Consequently, the 1970s was a period of intense debate within the United Nations
about cultural diversity, media dominance, and the “free flow of information. During this time, the
Non-Aligned nations were advancing the proposal of a New World Information and Communication
Order (NWICO) (UNESCO 1980b). As well, Cold War politics established further fault lines.
Nonetheless, efforts began within UNESCO in the 1970s to formulate a right to communicate. In
1974, the UNESCO General Conference adopted a resolution authorizing the Director General to
consult experts for defining a right to communicate. The General Conference reaffirmed this initiative
in 1978. A number of meetings of experts were held under UNESCO auspices and within the
International Broadcast Institute. However, the right to communicate fell victim to international
North-South and East-West ideological and power politics in the 1980s. The United States and Great
Britain withdrew from UNESCO, the idea of a NWICO collapsed, and UNESCO abandoned it efforts
to formulate a right to communicate. In the 1980s and 90s UNESCO would revert to focusing on
freedoms in specific communication sectors such as its “Promoting the Free Flow of Information and
the Development of Communication.”
However, with the collapse of the Soviet Union and the end of the cold war, combined with the
emergence of the Internet, there is renewed interest in communication rights. Thus, while it is not
possible to give a definitive formulation of a right to communicate it is possible to draw on earlier
work in order to illustrate the potential of the concept as a strategic framework for promoting
democratic communication.
Michael Freeden makes the point that “The meaning of a concept is shaped by the range of further
concepts that are attached to it and support it.” Thus, the concept of a right will be linked to such
other concepts as liberty and equality with the result that “The resulting configuration will enable the
content and role of the ‘right’ to be interpreted.” Consequently, a right can be seen as a cluster of
related concepts whose inter-relationship gives the right its meaning. (Freeden 1991, 2) The right to
communicate is just such a cluster of concepts. It can be conceived as a human right that is the apex
of a cluster and hierarchy of rights, freedoms, entitlements, and responsibilities. The right to
communicate includes at a minimum “the right to inform and be informed, the right to active
participation in the communication process, the right of equitable access to information resources and
information, and the right of cultural and individual privacy from communication” (Richstad and
Anderson 1981, 26-27). The right to communicate encompasses interconnected freedoms such as the
freedom of opinion, expression, and information. These freedoms in turn are exercised through such
14 McIver & Birdsall, EURICOM 2002

entitlements as freedom of the press, the lack of censorship, the rights of journalists, the right to
access to information, and so forth.
The right to communicate also embodies the right of individuals and groups not to communicate, a
right relevant to cultural rights and national and group identity. In contrast to traditional statements of
freedom of information in mass communications, the right to communicate is participatory,
interactive, and applies to groups as well as individuals. The right to communicate also embodies the
concept of citizen participation and responsibility for the formulation of communication policy and
rights (Fisher 1982; Harms 2002). It provides a framework for addressing rights, freedoms and
entitlements related to access including literacy, language, intellectual freedom, cultural diversity,
language right, and intellectual property rights.
While its precise definition and application requires further research and debate, the pioneers
promoting a right to communicate provided the basic framework for developing a strategy to advance
democracy and electronic networking. That framework, as delineated by Jim Richstad (forthcoming),
one of the early advocates of the right, is:
• Participatory communication,
• Interactive communication,
• Horizontal communication, and
• Multiway communication.

The Information Society: Computer Networks and Other Advanced ICTs

The networking of computers began in the middle 1960s, evolving into the U.S. ARPANET and
eventually into a global network of networks, the Internet (see McIver & Elmagarmid 2002). The
characteristics and the history of the Internet serves as a nexus for many, if not all, of the earlier
phenomena in the development of ICTs and the co-evolution of the right to communicate. Like postal
services, the Internet developed out of government sponsored efforts. The culture of communication
and development within it in the West evolved into one decidedly anarchic and civil, in which civil
and political rights were at the very least assumed by many of its users. As with earlier
communication technologies, tensions evolved between governments, civil society and the private
sector over the use of and legal protections within this medium (see UN 2001).
Unlike earlier ICTs, however, its technical characteristics enabled unique dispersion possibilities
and it supports almost all earlier forms of communications. The packet switching nature of the
Internet allows a distributed infrastructure, which distributes set-up and access costs to different
organizations, and amortizes infrastructure development costs. Use of packet switching is also
independent of the physical transmission medium – copper, fiber optics, radio, or satellite. Its store-
and-forward means of operation allows it to support multiple modes of transmission – continuous,
discontinuous, synchronous and asynchronous. These technical characteristics have made its
dispersion potential high. In fact, dispersion has taken place over many types of infrastructure. At the
application layer, packet switching has provided a nexus for different forms of communication. The
Internet is, therefore, able to support all components of Richstad’s framework: interactive,
participatory, horizontal and multi-way communications. The implications of this for the application
layer is that it has provided a nexus for the integration of all elementary forms communication -- text,
audio, images and video – and most earlier higher forms of communication – postal services,
telephony, radio, film and television, and collaborative applications. In fact, the Internet is now
serving as a bridging technology between new and older forms of communication (e.g. broadcast
radio to Internet). Thus, from a communication rights perspective, the Internet has raised all of the
earlier issues of civil, political, economic, cultural and social rights; potentials for dominance; and
potentials for participatory and democratic use.

3. Discussion
In this section, we address counter arguments to the right to communicate and explore the
implications of the co-evolution of ICTs and communication rights for communication and
democracy.
McIver & Birdsall, EURICOM 2002 15

Counter arguments
From a political perspective, opposition to the right to communicate has been varied. Western
countries have generally opposed it because it was part of the establishment of some information
order. Other countries have opposed it because they saw it as justifying the importation of Western
values (Hamelink 1994, 300). The business sector in some countries has shown resistance to such a
right on grounds that it would result in undesirable government interventions in the market (Birdsall
and Rasmussen 2000).
From a conceptual perspective, a human rights approach to communication is open to criticism for
being inflexible and, therefore, incapable of accounting for the priorities that face communities
attempting to provision communication services. Human rights or (originally) natural rights have
been criticized at least since the late eighteenth century as being absolutist. It might be claimed that a
right to communicate implies specific implementation requirements, some of which would not be in
the best interest of some societies. It would be unreasonable, for example, to implement individual
Internet access in societies where literacy rates are low and public health and other basic services are
lacking.
Also, a human rights approach to communication may not be seen as compelling by those who
criticize it on grounds that they are absolute and they don’t “trade off.” The cost and complexity of the
various technical solutions to a right to communicate, as well as the levels of technical competence to
use them might be seen as evidence against a human rights claim. Following this logic, evidence for a
human rights claim to communication takes the form of the preconditions for the technical
implementation of that communication: basic infrastructure, financial resources and technical
competence. The Universal Declaration of Human Rights recognizes this dilemma in its preamble by
stating that it is:
...a common standard of achievement for all peoples and all nations, to the end that every
individual and every organ of society, keeping this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective recognition and
observance...
What makes the right to communicate compelling are not the preconditions for its implementation,
but the very fact that communication is a basic human need because it is a fundamental social process
necessary for expression and all social organization. This need does not vary with respect to the level
of economic development of a society. All humans need to receive and impart information to live.
The urgency with which the right to communicate should be addressed varies by the level of
development of a society. Lack of access to communication, for example, has been identified as a
critical factor in public health crises around the world (see Garrett 2000).
Many ICTs now exist as potential solutions to the technical aspects of the right to communicate
and most can be deployed at granularities appropriate to a community’s needs and resources, from
community-level access points down to individual access. Garrett suggests that providing citizens of
underdeveloped countries with community-level points of access to health information would be a
critical starting point for addressing health care crises such as AIDS epidemics in many of these
underdeveloped countries.

Communication and Democracy

Over the past century and a half the innovation of each new mode of electronic communication has
been hailed as a mode of promoting greater democracy and communication. Such claims have been
made for the Internet era as well. In the past, new technologies have spawned the need to conceive
and refine rights and freedoms. However, the technologies have tended to devolve into specific
concentrations of large providers and distributors and their specific legal regimes. Their related rights
and freedoms have also tended to be differentiated. With the current networking technology, there
arises the need to formulate an encompassing conceptual framework to advance democratic
16 McIver & Birdsall, EURICOM 2002

communication. It is our contention that there is currently an opportunity to adopt the right to
communicate as that conceptual framework. The rights discourse is more intense than ever and
moving towards third generation planetary rights. Related to this development, the latest
communication technology allows for global interactive, horizontal, and multiway communication.
However, the challenge remains to insure that communication technologies are also participatory.
To achieve that end, we contend that the right to communicate be adopted as a conceptual
framework for a three-fold strategy consisting of the development of:
• A research agenda. While there has been valuable work done in the past and current efforts to
formulate a right to communicate and its application, much more is required. The right to
communicate provides a framework in which to direct research on human rights and freedoms,
communication technologies, public policy, and their interrelationships.
• A public policy agenda. The right to communicate provides a framework for addressing a whole
range of public policy issues: intellectual property, censorship, language rights, cultural identity,
group rights, and so forth. Too often, such issues are dealt with on an individual basis or by
economic development concerns alone rather than broader cultural, educational, and social
objectives.
• An advocacy agenda. Ultimately rights and freedoms and public policy will only be achieved
when established and enforced at the national level, although within established international
norms. The right to communicate can provide a coherent, comprehensive framework for
formulating an advocacy agenda that can be implemented at the international and national levels.

4. Conclusions
Human rights frameworks can and must be used as part of the solution to addressing
communication imbalances, independent of specific communication modalities. Such an approach
would bring with it the advantage of providing policy makers with a universally available set of
standards for addressing human needs and a common lexicon with which to debate, identify and
implement solutions.
Access to ICTs becomes more of a fundamental human need as increasing numbers of
governmental functions and organizations use these technologies to facilitate basic services necessary
for people to maintain an adequate standard of living, or as the lack of use of these technologies
results in the hindrance of the lives and livelihoods of people. This type of human need can best be
articulated as the human right to communicate.
A well-established legacy of human rights instruments and development processes offer the best
framework within which to guide the development of policies in this area. This includes norms,
enforcement procedures, and implementation mechanisms. While critical components of a right to
communicate, such as Article 19 of the International Covenant on Civil and Political Rights (UN
1993, 28), have been established as international law within ratified treaties, a comprehensive human
right to communicate has not itself been established in international law. However, activities over the
past decade by non-governmental organizations such as the People’s Communications Charter and the
recent resolutions of the UN ECOSOC (2000) and the Millennium Assembly of the United Nations
(2000) are encouraging signs that the right to communicate will eventually be adopted by the world’s
nations.

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