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from Part IV - The Impact of the Non-coherence Theory
Published online by Cambridge University Press: 22 February 2024
Non-coherence theory says the boundaries of traditional fundamental rights either become broader or narrower once transposed into the digital context, and this has also been shown previously. There are two images which at first sight appear almost the opposite of one another. The first reflects almost total freedom of expression unrestrained in practice, and the second almost the total absence of such freedom due to e-technologies which have the function of transparency and perpetuating everything which has been recorded or done. The first is a feature of social media and the second of blockchain technologies. These images may seem incompatible but are additionally explainable through the proportionality deficit paradox. Proportionality as a human rights instrument becomes distorted and weakened in the digital domain. The fragmentation stems from the loss of its holistic capacity to be applied anywhere relative rights collide online. The distortion means a breakage of the link between the outcome and the proportionality principle. The concept of proportionality between online and offline human rights domains exhibits wide non-coherence.
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