Abstract This article provides the first systematic analysis of the ECtHR's case law on access to and use of the Internet based on Articles 8, 9, 10, 11, 14, and 2 of Protocol 1 ECHR. It highlights that the case law embeds requirements to accommodate competing rights; shows a heightened concern for the victim's vulnerability; and extends to the conduct of certain non-state actors, such as telecommunications providers. There are also instances of broader recognition within the case law of some of the Internet's specific challenges, such as its amplifying effects on violations of privacy and the necessity of tackling cyberviolence and addressing the digital divide. Overall, however, the case law lacks a coherent, overarching approach towards the Internet as a novel site for the exercise of human rights and presents significant gaps in the fields of personal data protection and freedom of thought, especially in the context of private conduct.
Eleni Frantziou (Sat,) studied this question.