We are excited to introduce a new segment of the Digital Constitutionalism Network blog – the Research Spotlight! Featured contributions to digital constitutionalism may include books, articles, chapters, or other notable publications in the field. Check out the first featured contribution below!

DCN members Edoardo Celeste, Clara Iglesias Keller, and Dennis Redeker have recently authored the chapter “Digital Bills of Rights” for the Oxford Handbook of Digital Constitutionalism co-edited by DCN member Giovanni De Gregorio (with Oreste Pollicino and Peggy Valcke). Published in September 2024 (online first), the chapter examines the nature and rise of digital bills of rights (DBRs) in global digital governance. Adopting the language, structure, and tone of constitutions, DBRs are often produced by civil society actors and, therefore, do not have legally binding force on states. Celeste et al. explore how these predominantly non-legally binding documents impact the goals of digital constitutionalism, or how these documents can actually influence and shape policy and law. The chapter expounds the phenomenon of DBRs as a development within the constitutional ecosystem in response to the digital revolution, with DBRs serving as an expression of the values and preferences of civil society with regard to the regulation of cyberspace. Binding legal documents (e.g., constitutions) and non-binding DBRs impact one another through the legislative conversation that takes place between government and society.

Celeste et al. argue that civil society actors, who are second only to intergovernmental organizations in the number of DBRs adopted in recent decades, can be viewed as transnational advocacy networks. Lacking the financial motives of corporations or other bodies, civil society groups are seen as common-good oriented actors, and they employ DBRs as a means to growing their networks and, thereby, the reach of the documents. The formulation phase of the DBR brings together a range of voices to determine the content of the document, and the advocacy phase promotes the final product to institutional actors, corporations, and others who can bring into practice the rights and principles laid down in the document.

The chapter traces the impact of two key examples of DBRs – the African Declaration of Internet Rights and Freedoms (AfDec) and the Feminist Principles of the Internet. The outcome of a meeting in Kenya that brought together 23 civil society groups in 2013, the African Declaration of Internet Rights and Freedoms was drafted over the next year and officially presented at the 2014 Internet Governance Forum. The African Declaration’s 13 articles reflect the values of privacy, data protection, freedom of expression, and multistakeholderism, among others. The document was pitched to national policymakers, and it particularly demonstrated influence in the policymaking process in Nigeria, where the Digital Rights and Freedom Bill of 2016 was introduced. Despite being passed in 2019, the bill was ultimately not signed into law by the nation’s president. However, recognition of AfDec by the African Commission on Human and Peoples’ Rights, the semi-judicial body of the African Union, marked a significant achievement by this DBR, as the Commission updated its Declaration of Principles on Freedom of Expression in light of the document.

Drafted by the Association for Progressive Communication, the Feminist Principles of the Internet saw similar advocacy strategies. The DBR was translated both linguistically and culturally to assist its introduction into several localities. The document influenced the Philippine Declaration on Internet Rights and Principles, drafted in 2015 to possess a more constitutional tone. With the election of the Philippines’ new president in 2016, however, the Declaration was not adopted.

After highlighting the successes of non-binding DBRs in influencing regional, national, and global policy, the authors turn to the most noteworthy example of a statutory DBR – Brazil’s Marco Civil da Internet. Adopted by Brazil in 2014, the Marco Civil da Internet became the first national framework for Internet regulation. The framework incorporated principles and values that are integral to digital constitutionalism, including net neutrality, interoperability, privacy, freedom of communication, and an open Internet. The law’s alignment with digital constitutionalism’s goals has earned it the title of ‘Internet Constitution’. Through the case study, however, Celeste et al. highlight the shortcomings of even statutory DBRs, as the law’s provisions are met with inadequate and uneven enforcement. The promotion of rights and principles in the digital context through DBRs is challenged by the non-legal status of most DBRs and by the limited political will of nations even when they manage to successfully adopt binding DBRs.