Restriction of digital human rights in the context of contemporary legal challenges

The article is dedicated to the analysis of a new category of rights, which legal specialists refer to as the fourth generation of rights. This is directly related to the rapid development of new technologies and significant changes in legal relations that have emerged at present, as well as the emergence of new forms of business activities and certain information asymmetry, and the sharp increase in online life, which increasingly requires legal regulation. These factors influence the increase and intensification of challenges for both international and national law. The article analyzes the possible risks associated with the violation of such important values as freedom of expression, justice, and the rule of law, leading to the threat of human rights violations in the information space and the inability to protect them due to the lack of legal certainty and the absence of legal frameworks. Therefore, the author provides certain options for resolving the issue of protecting digital human rights. The article explores digital human rights and the specifics of their restriction in the context of contemporary legal challenges. Given society’s increasing dependence on information technologies, the protection of digital rights is becoming a crucial aspect of ensuring citizens’ fundamental freedoms. The main international legal documents regulating digital rights, such as the European Convention on Human Rights, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, are examined. Special attention is given to the conditions for derogating digital rights during emergencies, particularly in the context of the Russian Federation’s military aggression against Ukraine. The main forms of digital rights violations are analyzed, including Internet access restrictions, censorship, privacy breaches, disinformation, and propaganda. The article emphasizes the necessity of adhering to the principles of legality, necessity, proportionality, and temporariness when restricting digital rights to ensure a balance between national security and the preservation of fundamental human rights. An authorial definition of the term “digital rights” is provided.