Keywords:

 

- Portuguese Charter of Human Rights in the Digital Age

 

- Lisbon Declaration

 

- New digital reality

 

- Fundamental rights for cyberespace

 

 

New communication and information technologies are present today in various aspects of citizens' lives across all generations. Faced with new realities, a new comprehensive legal framework that citizens can trust is needed. New technologies involve ways of relating and digital social interaction that the law was unaware of. In some cases, rights must be adapted to the virtual world, or texts adapted as a result of digital reality.

 

This new aspect needs legal regulation, as a recent facet of life in society.

 

Taking into account digital development and the use of new technologies, legislation is needed in the European Union in several areas, namely artificial intelligence. However, in 2022, a list of digital rights emerged in a joint declaration by the European Parliament, Council and European Commission on digital rights and principles for the digital decade.

 

But before that, in Portugal, the Portuguese Charter of Human Rights in the Digital Era had appeared, by Law No. 27/2021, of May 17th, with a catalog of fundamental rights for cyberspace.

 

A question that arises is whether all these legal texts, despite following the publication procedures in Official Newspapers, will have had effective communication in order for their content to reach citizens.

 

In Portugal, the consecration of fundamental rights has always been in the constitution, already in the times of the constitutional monarchy these rights were present (Constitution of 1822, Constitutional Charter of 1826, Constitution of 1838), then during the Republic also in the Constitution of 1911 and in the Constitution of 1933.

 

The Law of a country follows the evolution of society in that same country, so it also has to follow the issues raised with the virtual world.

 

In other words, while the texts of many of the fundamental rights already enshrined only acquire a new virtual dimension, such as the rights to equality, non-discrimination, freedom of expression, there are other rights that reflect new concerns arising from the new digital world.

 

For example, the use of artificial intelligence, robotics applications, algorithms and data protection.

 

In Portugal, the recent document that corresponds to a declaration of rights particularly oriented towards the digital aspect is the Portuguese Charter of Human Rights in the Digital Era and was published, as mentioned above, on May 17, 2021 by Law n.0 27/ 2021.

 

This Charter achieves the objective of giving the Portuguese legal order a set of fundamental rights in the digital area.

 

In 21 articles of the aforementioned Charter, several citizens' rights are enshrined, such as the right of access and internet neutrality, as well as freedoms: freedom of expression and guarantees of access and use of the Internet. Also, the right to access with a social Internet tariff (however, created by Decree-Law no. 0 66/2021 of 30 July), to which are added, for example, the right to protection against misinformation and abusive geolocation and the right to assemble, demonstrate, associate and participate in a digital environment.

 

Freedom of expression and creation in a digital environment is present, as well as the right to privacy in a digital environment, the right to be forgotten and a digital will. The aforementioned Charter also contemplates digital rights vis-à-vis the Public Administration and children's rights.

 

Although the final version of the document was approved by a large majority and without any vote against in the Assembly of the Republic, there was a lack of greater dissemination and explanation to the general population, particularly young people, who are, as is known, the major users of new technologies.

 

It is common knowledge that there is still no International Bill of Human Rights in the Digital Age, duly approved by the UN.

 

It will not be easy to create this charter because of the rapid development of the Internet and cultural differences with different codes of use and regulation in Europe, Africa, North America or China and Russia.

 

There are situations that have different interpretations, for example, if a woman from an African tribe is photographed with her breast exposed and this photograph is published, it will not have the same consequences as if a photograph of an European or American woman is published with her breast also exposed.

 

Or for example, if a person is photographed in a public space and their photograph is used without their consent, or a photograph is released in which a person is in a group of friends in a less conventional posture, there are some rights that may be violated. With the Publication of the Portuguese Charter of Human Rights in the Digital Era, Portugal “participates in the global process of transforming the Internet into an instrument for achieving freedom, equality and social justice and in a space for the promotion, protection and free exercise of human rights, with a view to social inclusion in a digital environment.”

 

There are 21 articles that provide for the rights, freedoms and guarantees of citizens in cyberspace, of which it is worth highlighting the Right to the development of digital skills (article 11):

 

“1 — Everyone has the right to education for the acquisition and development of digital skills.

 

2 — The State promotes and executes programs that encourage and facilitate access, by the various age groups of the population, to digital and technological means and instruments, in order to ensure, in particular, education via the Internet and the increasing use of services digital audiences.

 

3 — The public audiovisual media service contributes to the digital education of users of various age groups and promotes the dissemination of this law and other applicable legislation.”

 

The objective is to “promote Human Rights and fundamental freedoms, the rule of law and democratic principles in the digital world”, which aims to be “fair, transparent, sustainable, innovative, safe and competitive”.

 

Of course, the Lisbon Declaration was important in arriving at this Portuguese Charter of Human Rights in the Digital Era, having the support of all Member States. It is based on the communication «Digital Compass 2030: the European Path to the Digital Decade», presented by the European Commission during the Portuguese Presidency, and is also based on the «Berlin Declaration on the Digital Society and Values-Based Digital Government», launched by the German presidency of the Council of the EU in December 2020.

 

Portugal presented a declaration, entitled «Digital Democracy with a Purpose», with the aim of “feeding the discussion around digital rights”, as mentioned by the Secretary of State for Digital Transition, André de Aragão Azevedo, in an intervention at the Digital Assembly, with the theme “Leading Digital Decade”, co-organized by the Portuguese presidency of the Council of the European Union and the European Commission.

 

It can be said that Portugal was a pioneer, with the approval, in Parliament, in 2021, of the first charter of fundamental rights in the digital era. The aforementioned Portuguese Secretary of State stated his desire to “get started” for a future document at international level. And he also said that “we want the national and European agenda aligned in this joint commitment to the ethical dimension in the digital era”.

 

It is worth quoting the Secretary of State when he stated that “the declaration is not intended to be just another document signed by Governments”, but a declaration “open to membership and contributions from private sector companies, non-governmental organizations, universities, in essence, of civil society as a whole”.

 

And another important phrase from the Portuguese ruler, which deserves to be highlighted, is that “we must contribute to the geostrategic affirmation of Europe as a space of security, trust and balance between economic and technological development and ethical principles”.

 

The “Lisbon Declaration – Digital Democracy with Purpose”, was an initiative presented by the Portuguese presidency of the EU, and at the time a press release stated that the declaration “intends to contribute to a digital transition model that strengthens the human dimension in the digital ecosystem promoting Human Rights and fundamental freedoms, the Rule of Law and democratic principles in the digital world”, which aims to be “fair, transparent, sustainable, innovative, safe and competitive”.

 

This press release also stated that “these technologies must be centered and controlled by human beings, promoting well-being and human dignity”.

 

There is, however, another aspect to consider, which is that although digitalization plays an “essential role in promoting competitiveness and sustainable development”, the digital transition could also “deepen existing inequalities”, “harm democracies and cohesion social security or violate human rights”.

 

For all these reasons, it is important for each citizen to be attentive, have an ethical sense and feel that each of us is a guarantor of the fulfillment of human rights, even though in some way each of us, in one way or another, has already violated these rights.

 

The use of Social Networks often leads to excesses and exposure of the image of others without authorization and to comments that generate other comments and create chains of hatred and defamation. Therefore, the violation of human rights, through the digital aspect, is more common than one might think.

 

The important thing is to understand this and not move forward, all the more so when there is awareness that sharing and denigrating on Social Media is something on such a scale that you can lose control.

 

It's nice to talk about Human Rights and the Charters that defend them, but we have to be the ones, individually, to defend Fundamental Rights, mainly because we know them and because wanting a better world involves realizing it by defending the dignity of every human beings, without discriminating against those who do not yet have access to the digital world, thus complying with the Portuguese Charter of Human Rights in the Digital Era.