Human rights in cyberspace: Global and Vietnamese practices
WVR - Ensuring and protecting human rights in cyberspace is an urgent requirement for the international community and individual nations in the current context.
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| Alongside opportunities and benefits, human rights face risks of infringement in cyberspace. |
Building and perfecting a unified and robust international legal framework is a prerequisite to minimizing the negative impacts on human rights in the digital environment.
In the current digital era, cyberspace not only showcases the power of science and technology and serves as a driving force for economic, cultural, and social development in each country but also holds significant political, ideological, defense, and security implications.
Thus, protecting national sovereignty in cyberspace is considered a “pressing issue and an important aspect of safeguarding national and ethnic sovereignty”. This extends beyond protecting data systems, information resources, and information infrastructure within national territories, safeguarding national cyberspace (as well as national interests), to include protecting the human rights of individuals participating in cyberspace activities.
The impact of cyberspace on human rights
Human rights in cyberspace are among the top concerns of nations and the international community. In reality, cyberspace can affect human rights in the following ways:
Firstly, cyberspace is a virtual/digital environment that enables individuals, as rights holders, to exercise their fundamental rights and freedoms. In other words, cyberspace holds immense potential to significantly enhance the realization of human rights.
Cyberspace helps expand the scope and content of certain traditional rights, diversifying the forms of these rights in the online environment. For instance, freedom of expression can be exercised through forums, blogs, and social networks; the right to access information can be realized through the vast data available on the Internet; freedom of association and assembly is reflected in the establishment of online groups and forums; the right to education is ensured through online education; and the right to employment is manifested in the ability to seek jobs online and engage in remote work.
It can be said that cyberspace has facilitated the rapid and convenient exercise of rights by rights holders, eliminating national border barriers (or overcoming geographical limitations), enhancing connectivity and interaction, and significantly promoting human rights in cyberspace.
Secondly, cyberspace poses challenges to human rights and their protection at national, regional, and international levels. In reality, cyberspace not only challenges human rights but also some core principles of international law on human rights protection, especially principles of sovereignty and jurisdiction.
Alongside opportunities and benefits, human rights face risks of infringement due to activities such as personal data collection affecting privacy rights; cyberattacks to seize personal assets, infringing property rights; spreading false information, manipulating information, negatively impacting the right to access information; hate speech, online bullying leading to defamation of personal honor and dignity; discrimination due to AI algorithms leading to inequality and unfair treatment of individuals, communities, and social groups.
Thirdly, cyberspace imposes certain limitations on the exercise of specific human rights. Not all human rights are absolute, and exercising them beyond legal boundaries can lead to legal violations in cyberspace.
However, there is also a viewpoint that a balance must be ensured between enjoying and exercising human rights (such as freedom of speech, privacy, access to information, freedom of assembly) and the requirements for common interests (such as national security, social order and safety, combating cybercrime, and preventing human rights violations in the online environment).
Ensuring and protecting human rights in cyberspace is an urgent requirement for the international community and individual nations in the current context. Building and perfecting a unified and robust international legal framework is a prerequisite to minimizing the negative impacts on human rights in the digital environment.
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| Signing ceremony of the UN Convention on Cybercrime (Hanoi Convention), October 2025. (Photo: Thanh Long) |
Legal framework for protecting human rights in cyberspace globally and in Vietnam
The international legal framework on human rights in cyberspace reflects the persistent efforts of the international community to protect human rights in the virtual environment under the influence of digital technologies and other related factors. From the Universal Declaration of Human Rights in 1948, privacy concerning personal life and information has been recognized as a fundamental human right (Article 12). The ICCPR in 1966 (Article 17) also acknowledges legal guarantees to protect individuals from arbitrary and unlawful interference in private life, serving as a foundation for exercising other rights such as freedom of speech.
In the context of the digital era and the fourth industrial revolution, the UN Human Rights Council has adopted several resolutions, such as the resolution on the protection, promotion, and enjoyment of human rights on the Internet. The UN Convention against Cybercrime (Hanoi Convention), signed in Hanoi in October 2025, marked a significant milestone in the international community's awareness and action towards a specific global challenge.
Additionally, other related international documents include the UN's Internet Governance and Leadership Code of Conduct in 2005 and the UN Human Rights Council's resolution on privacy in the digital age (September 26, 2019).
Based on the global legal framework, regions and countries have flexibly applied it to address specific issues related to protecting human rights in cyberspace.
In Europe, the European Court of Human Rights (ECHR), responsible for ensuring national compliance with the European Convention on Human Rights and Fundamental Freedoms, has applied international legal norms (from the UN and EC) to adjudicate numerous cases related to human rights violations in cyberspace.
Through its adjudication activities, the ECHR has also developed a system of case law on protecting human rights in cyberspace, serving as a reference for EC member states in making judgments on specific cases. In countries like the UK, Canada, and Australia, the legal systems on cybersecurity and cybercrime, as well as protecting human rights in cyberspace, are relatively complete, including the enactment of national laws related to cybersecurity and cybercrime.
In Vietnam, cybersecurity, cybercrime, and protecting human rights in cyberspace have been major concerns of the Party and State in recent years. This issue is linked to national sovereignty, national security, and the protection and assurance of human rights in general.
Many Party documents address issues related to cyberspace and protecting national sovereignty in cyberspace, establishing a political basis for protecting human rights in cyberspace, such as: Resolution No. 29-NQ/TW dated July 25, 2018, of the Politburo on the "Strategy for Protecting the Fatherland in Cyberspace"; Resolution No. 30-NQ/TW dated July 25, 2018, of the Politburo on the "National Cybersecurity Strategy"; Resolution No. 51-NQ/TW dated September 5, 2019, of the Politburo on the "National Security Protection Strategy"; Resolution No. 44-NQ/TW dated November 24, 2023, of the 8th Central Conference of the XIII Congress on the "Strategy for Protecting the Fatherland in the New Situation"...
Resolution No. 29-NQ/TW emphasizes the Party's consistent view: "Vietnam is a sovereign nation with interests in cyberspace. Establishing, managing, and protecting sovereignty and national-ethnic interests in cyberspace, based on Vietnamese law and in compliance with international law". Resolution No. 57-NQ/TW dated December 22, 2024, of the Politburo "on breakthroughs in scientific, technological development, innovation, and national digital transformation" also emphasizes the policy of "Ensuring national sovereignty in cyberspace; ensuring cybersecurity, data security, and information safety for organizations and individuals is a consistent, inseparable requirement in the process of scientific, technological development, innovation, and national digital transformation".
The legal system has also been enacted, notably the Cybersecurity Law of 2018; the Information Technology Law of 2006; the Electronic Transactions Law of 2023; the Telecommunications Law of 2023; the Digital Technology Industry Law of 2025; Decree No. 147/2024/ND-CP dated November 9, 2024, of the Government on "Management, provision, and use of Internet services and online information"; Decree No. 53/2022/ND-CP dated August 15, 2022, of the Government on "Detailed regulations on certain provisions of the Cybersecurity Law"...
The Cybersecurity Law of 2018 is significant in protecting national security, social order, and safety, and protecting the legitimate rights and interests of rights holders in cyberspace, contributing to establishing a robust and unified national legal framework to prevent and handle cybersecurity violations, human rights infringements, and to create and develop a safe and healthy cyberspace.
In the context of the current digital and AI era, cyberspace continues to dominate the development of each nation and the international community, posing new challenges to protecting human rights at national, regional, and international levels.
Major global technology corporations remain key players holding the advantage in determining the actions of rights holders when participating in cyberspace through AI algorithms, personal data collection, and usage policies...
This significantly affects the enjoyment and realization of specific human rights in cyberspace. This reality requires strengthening international and national institutions to enhance the transparency and accountability of these technology corporations, compelling them to comply with international human rights standards and international and national laws on protecting human rights in cyberspace.
Moreover, global challenges such as cybercrime, cyber espionage, cyber terrorism, and human rights violations in cyberspace remain significant obstacles for rights holders in the digital environment. Nations and the international community need to enhance cooperation and strengthen collective power to overcome these major challenges, contributing to effectively promoting and protecting human rights in cyberspace.
Continuing to build and perfect international and national legal frameworks on this issue is an effective solution to contribute to protecting human rights in cyberspace at all national, regional, and international levels in the context of the world's complex and unpredictable changes.
