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  • 3 - Why and How the State Should Regulate the Internet

  • from Introduction to Part I
  • Edited by Tiina Pajuste, Tallinn University
  • Book:
    Human Rights in the Digital Domain
    Published online:
    24 October 2025
    Print publication:
    13 November 2025, pp 40-57
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  • Summary

    This chapter examines the philosophical and practical foundations for state regulation of the internet, focusing on the interplay between individual rights and societal interests. It argues that the digital realm introduces unique challenges that require state intervention to preserve the integrity of public discourse and democratic values. Drawing on legal theory, particularly the ideas of Lon L. Fuller, the chapter emphasises the importance of fostering trust, maintaining the rule of law, and balancing power between states, private actors, and users in internet governance. The chapter critiques the traditional view of rights as individualistic and argues for a more community-focused approach, emphasising that human rights should serve the common good. Trust is highlighted as a cornerstone of effective internet governance. The chapter underscores that moving online fundamentally alters the scope, impact, and mechanisms of regulation. Human rights law and governance frameworks must adapt to preserve trust, community, and the integrity of public discourse in the digital age.