Digital Rights Project
Digital self-determination and artificial intelligence are terms that are synonymous with the digital epoch. In a world were our personal data is meticulously collected, shaping our choices, influencing our thoughts, and redefining our very existence, digital rights.Our project is driven by the objective to augment the current fundamental rights rather than supplant them. We firmly advocate for the incorporation of new or additional rights into South Africa’s Constitution, specifically by expanding the Bill of Rights.
Addtional Rights
Section W - Digital Self-determination
1. Every person has the inherent right to digital self-determination.
2. Excessive profiling, as well as any form of deliberate manipulation aimed at influencing or exploiting persons, shall be strictly prohibited.
Section X - Artificial intelligence
1. Everyone has the inherent right to be informed that any algorithms imposed upon them are transparent, verifiable, and fair.
2. Algorithms used to make significant decisions affecting persons shall be subject to rigorous scrutiny, ensuring their transparency and verifiability.
3. Major decisions with significant consequences for human rights, livelihoods, or well-being shall be made by competent human beings, incorporating their judgment and ethical considerations while guided by democratic principles.
Section Y- Truth (open to critique/ under construction)
1. Every member of parliament shall be obliged to uphold the principle of truthfulness, ensuring that statements made are accurate and honest.
2. The duty to uphold the right to truth extends beyond parliament and applies to all persons holding public positions or mandates, regardless of their official capacity
Section Z- Right to Internet Access
1. Everyone has the right not to be denied access to the internet, free from unjustifiable restrictions, censorship, or discriminatory practices.
2. No person, entity, or governmental authority shall obstruct, impede, or interfere with a person’s lawful access to the internet, except when such restrictions are necessary and proportionate to section 36.
3. The State shall enact and enforce legislation, policies, and regulations that promote universal and affordable internet access, striving to bridge the digital divide and promote digital inclusion for all
Join The Movement
The future of South Africa is in our hands and each one of us has a role to play in changing the digital landscape in South Africa.
If you believe in digital self determination and constitutional digital rights sign the following petition to persuade law makers to consider digital rights in future amendments of the constitution.
Tayla holds an LLB from the University of Cape Town and is currently serving her articles of clerkship at Michalsons. She has a keen interest in the intersection of law and technology, with a specific focus in public law. She is also a senior research assistant and project coordinator at the Democratic Governance and Rights Unit where she is responsible for projects of the National Prosecution Authority, South African Chapter of the International Association of Women Judges and other organisations geared toward providing open access to legal resources in pursuit of improving access to justice. Beyond this, she has also started branching out into providing legal commentary for print and radio.
Tayla is a participant in the African cohort of the McKinsey & Co Forward program. She is also an LLM candidate at the University of Cape Town, specialising in Constitutional and Administrative Law and holds a Bachelor of Laws from the University of Cape Town.