EXAMINATION OF THE CONSTITUTIONAL AND HUMAN RIGHTS ISSUES IN CYBERSPACE

Abstract

The involution and dependence on technology in the present era as well as the increasing access to the internet by all and sundry have given opportunities for the recognition and protection of new sets of fundamental human rights either at the international and National level. The rights already in existence protect rights of individuals in the cyber space as well. This paper focuses on the various forms of rights available in the cyber space and the extent of their protection by any existing legal framework, and whether individuals have any right of enforcement of these rights. The researcher adopts the doctrinal method of research mythology by identifying the various laws protecting fundamental rights in the cyber space both at the international level and local authority with particular focus on Nigeria. The researcher however finds that there are uncertainties and limitations derived from the fact that a plurality of state and non-state actors may limit and interfere with human rights in cyberspace. The researcher recommends that there is need for the Nigerian government to focus on reviewing and strengthening existing laws and enacting appropriate cyber space laws that guarantee the rights of individuals online and punishment for the wrong committed in the cyber space.