THE RIGHT TO AUDIENCE: EXPLORING THE FUNDAMENTALS OF FREEDOM OF SPEECH IN THE DIGITAL AGE

Abstract

The advent of technology precipitates complexities in the enjoyment of various human rights including the right to freedom of speech. The use of technology and its systems to determine or regulate the audience of certain expressions or control the audience which receive information, is one of the factors influencing freedom of speech in the digital age. Despite the constitutional and international guarantees of freedom of expression, contemporary digital realities have exposed a gap between the right to speak and the practical ability to be heard. Traditional human rights frameworks which were developed long before algorithmic and digital platforms protect individuals from State interference, but do not address the power of private digital platforms that now control visibility, reach, and public attention. Issues arising from the intersectionality between technology and the right to freedom of speech including surreptitious censorships, content demotion, shadow-bans, and other technological restriction methods raise new questions on the inclusion of the right to an audience as an integral aspect of the right to freedom of expression. This study explores the fundamentals of freedom of speech in the digital age with a view to conceptualizing the right to an audience and bridging the existing legislative gap. The study is doctrinal in nature, and employs the use of both primary and secondary sources of law in identifying and explaining the issues explored in this research. The study finds that the digital age has occasioned a new form of speech repression, thus, traditional understanding of freedom of expression is no longer sufficient to address the realities of digital communication. The study recommends the development or expansion of the existing jurisprudence to include or address the right to an audience. The research further proposes strategies to prevent hidden forms of digital discrimination or silent suppression, to improve the enjoyment of all elements of the right to freedom of expression.