An attempt to conceptualise the right to access the Internet and its impact on the right not to use it

In this chapter, an attempt to conceptualise the right not to use the Internet is provided. To establish whether such a right exists, a key issue is to define, from a legal point of view, the act of accessing the Internet. If the common view is that accessing the Internet constitutes a real individual right, the controversy is still unsettled when it comes to the definitions of this right: access to the Internet can be considered as a freedom, or a social right, or even a simple “instrument” enabling the exercise of rights. If the right to access the Internet is conceived as a freedom, the right not to use the Internet can be the expression of one of the ways in which this freedom is exercised. The link between the positive and the negative side of the coin is therefore well established. The scenario is much more complex when accessing the Internet is defined as a social right or an instrument of rights. Notwithstanding the different possible foundations of the right not to use the Internet, and the difficulties deriving from this variety, the recognition of this right appears increasingly important, especially to protect the most vulnerable people.