First Among Equals? The Role of the State in Facilitating Internet Access and Protecting the Freedom of Expression Online in the Global South

First Among Equals? The Role of the State in Facilitating Internet Access and Protecting the Freedom of Expression Online in the Global South is a chapter by Sunil Abraham that assesses the state’s twin obligations: to foster affordable, inclusive Internet access and to protect freedom of expression online. Drawing on empirical studies, policy reports and legal developments, the chapter argues that while the state is necessary (and often indispensable) for expanding access in the Global South, it must act with restraint and robust safeguards when regulating speech and deploying surveillance.

Contents

1. Publication Details
2. Abstract
3. Context and Background
4. Key Themes or Arguments
5. Full Text
6. Citation

Publication Details

👤 Author:

Sunil Abraham

📘 In Book:

Just Security in an Undergoverned World

📚 Editors:

William J. Durch; Joris Larik; Richard Ponzio

🏛️ Publisher:

Oxford University Press

📅 Year:

2018

🔢 ISBN:

978-0-19-880537-3

📄 Pages:

pp. 352–388

📘 Type:

Book Chapter

📄 Access:

Download PDF

Abstract

Sunil Abraham argues that Internet access and the freedom of expression online are mutually reinforcing pillars of security and justice in the Global South. After defining “access” narrowly (connectivity provided by ISPs/TSPs) and setting out the development case for broadband, the chapter lays out practical ways states can expand access — from fibre backbones and progressive spectrum policy to language technologies and affordable hardware — while underscoring the state’s heavier responsibility to protect free expression by enacting transparent procedures, preventing blanket surveillance, and ensuring robust intermediary safe-harbours. The chapter’s claims and recommendations are grounded in policy literature and empirical examples drawn throughout the text.

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Context and Background

Abraham positions the discussion within debates about human security, the digital divide, and governance of a global Internet that remains physically rooted in national territory. The chapter highlights the mismatch between the Internet’s decentralised ideals and the practical role states must play in the Global South — where market failures and linguistic, geographic and infrastructural challenges make government facilitation essential. At the same time, the chapter warns that states frequently become the principal threat to online free expression through surveillance, opaque takedown regimes and overbroad laws.

Key Themes or Arguments

• State as necessary facilitator for access: Governments must invest in or incentivise backbone infrastructure, adapt spectrum policy, and design inclusive regulatory frameworks to close access gaps.
• Access and expression are indivisible: Access without rights protection may entrench inequality; rights without access leave many excluded.
• Network policy trade-offs: In low-penetration settings, practical trade-offs (for example on zero-rating) require careful regulation so short-term access gains do not sacrifice competition or long-term openness.
• Language and content infrastructure: State support for language technologies and local content is critical where markets won’t bear the costs.
• Principle of equivalence: Online speech should be treated under the same legal principles as offline speech, with limitations allowed only subject to legitimate, proportionate safeguards.
• Privacy and surveillance safeguards: The chapter insists on legal limits, transparency, and oversight for interception and data-retention powers to avoid chilling effects on speech.
• Intermediary liability and safe-harbours: Robust safe-harbour regimes prevent private censorship and reduce incentives for over-compliance by platforms.

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Full Text

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Citation

If you wish to reference or cite this chapter, please use one of the following formats:

APA style:

Abraham, S. (2018).
First Among Equals? The Role of the State in Facilitating Internet Access and Protecting the Freedom of Expression Online in the Global South.
In W. J. Durch, J. Larik & R. Ponzio (Eds.), Just Security in an Undergoverned World (pp. 352–388).
Oxford University Press. ISBN 978-0-19-880537-3.
https://sunilabraham.in/publications/first-among-equals/

BibTeX style

@incollection{abraham2018firstamongequals,
author = {Abraham, Sunil},
title = {First Among Equals? The Role of the State in Facilitating Internet Access and Protecting the Freedom of Expression Online in the Global South},
booktitle = {Just Security in an Undergoverned World},
editor = {Durch, William J. and Larik, Joris and Ponzio, Richard},
publisher = {Oxford University Press},
year = {2018},
pages = {352--388},
isbn = {978-0-19-880537-3},
url = {https://sunilabraham.in/publications/first-among-equals/}
}

MLA style

Abraham, Sunil.
"First Among Equals? The Role of the State in Facilitating Internet Access and Protecting the Freedom of Expression Online in the Global South." Just Security in an Undergoverned World, edited by William J. Durch, Joris Larik, and Richard Ponzio,
Oxford University Press, 2018, pp. 352–388. ISBN 978-0-19-880537-3.
https://sunilabraham.in/publications/first-among-equals/

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