ELTE Digital Institutional Repository (EDIT)

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Kun Zsuzsa 2024. június 15-i interjúja Balogh Andrással a Klubrádió Klubdélelőtt című műsorában

Minea, Cosmin

The Church of the Former Monastery at Curtea de Argeș

Csányi, Marietta

A tell-kultúrák utolsó virágzása

Kis Aladár hagyatékából II.

Gosztonyi, Gergely

23 
Gergely Gosztonyi*
Preface to the Contributions on Digital 
Authoritarianism, Internet Fragmentation, 
Splinternet, Censorship and Cyber Sovereignty
The divergence between cyber libertarianism and cyber paternalism characterised 
discussion related to internet governance in the 1990s. Decisions on content regulation 
issues were settled in the United States of America (US) with the Communication Decency 
Act Section 230 and in Europe with the notice-and-takedown system of the E-commerce 
Directive. However, the era of privatised freedom of expression faced challenges from the 
mid-twentieth century onwards, from Christchurch and troll farms to the Cambridge 
Analytica scandal. For a few years now, internet regulation has been a vital issue on the 
political agenda in all parts of the world, characterised in the US by the need to amend 
CDA230 and the ‘dragging’ of giant tech mammoths’ leaders before the Senate. In the 
European Union (EU), the process led to the adoption of the Digital Services Act (DSA) 
– Digital Markets Act (DMA) – and European Media Freedom Act (EMFA) package of 
regulations. Meanwhile, for example, in China, the process of change is characterised by the 
ongoing development of the Golden Shield and the Great Firewall based on the concept of 
cyber sovereignty, and in Russia, by the wish to disconnect from the international internet 
network. The increasingly undemocratic practices of these latter rogue states may be 
attractive to many other countries, and such solutions have started being exported.
Alas, there is a global trend towards governments increasingly resorting to internet 
restrictions, often for illegitimate purposes and with disproportionate impacts on the 
public. This shift in international norms towards greater government intervention in the 
digital sphere is a matter of urgent concern. Technical and legal solutions can range from 
denying user access through filtering technologies and unlawful bandwidth throttling to 
collateral and excessive and wholesale blocking by states. This trend necessitates urgent 
attention and action.
* Dr Gergely Gosztonyi PhD, Habil. Associate Professor, Eötvös Loránd University (ELTE), Faculty of Law. 
ORCID iD: 0000-0002-6551-1536.
 The whole volume on digital authoritarianism, internet fragmentation, splinternet, censorship and cyber 
sovereignty was supported by the project no. 149657 which has been implemented with the support provided 
by the Ministry of Culture and Innovation of Hungary from the National Research, Development and 
Innovation Fund, financed under the ADVANCED_24 funding scheme.
DOI: 10.54148/ELTELJ.2024.2.23
  24
ELTE Law Journal • Gergely Gosztonyi
Thus, scholarly articles about cyber sovereignty and its legislation are crucial due to the 
intricate and evolving nature of internet governance and its profound implications for global 
politics, security, and individual freedoms. Cyber sovereignty, a concept that refers to a 
state’s right to govern and control internet activity within its borders, is gaining prominence 
as nations face increasing cyber threats. The Center for Strategic and International Studies 
(CSIS) reports that the global cost of cybercrime will reach $10.5 trillion annually by 2025. 
Researching and documenting how different countries enforce cyber sovereignty provides 
critical data on the effectiveness of various policies.
The legislative landscape of cyber sovereignty varies widely, with over 120 countries 
having enacted cybersecurity laws by 2023, according to the United Nations Conference 
on Trade and Development (UNCTAD). These laws range from comprehensive data 
protection regulations, such as the European Union’s General Data Protection Regulation 
(GDPR), to more fragmented and sector-specific approaches seen in countries around the 
globe. According to Freedom House’s 2023 report, approximately 70% of internet users live 
in countries where governments impose significant censorship or surveillance. In Asia, 
countries like China and North Korea enforce strict internet censorship. 
Similarly, Russia’s Sovereign Internet law aims to route internet traffic through state-
controlled infrastructure, increasing the government’s ability to control and monitor online 
activities. Countries like South Korea and Japan have more open internet policies but enforce 
significant regulations. Examining these practices can provide a nuanced understanding of 
the trade-offs between national security and individual freedoms, generating data-driven 
recommendations that support the implementation of balanced approaches.
The role of international human rights courts in dealing with cyber sovereignty and 
internet restrictions cases is increasingly significant. These courts recognise the implications 
of such issues on human rights and have ruled on several cases involving state surveillance 
and internet censorship. For instance, the European Court of Human Rights (ECtHR) has 
addressed state surveillance and internet censorship, while the Inter-American Court of 
Human Rights (IACtHR) has highlighted the illegal interception of communications.
Of critical importance is that research on cyber sovereignty and related legislation 
cannot be accomplished without analysing the technical details and infrastructure behind 
the internet. This way, addressing the global shortage of cybersecurity professionals would 
help meet this challenge. In Asia, countries such as Singapore and India invest heavily in 
cybersecurity education and training to build a workforce capable of addressing emerging 
threats. Europe is also proactive, with initiatives like the European Cybersecurity Skills 
Framework (ECSF) intended to enhance cyber education and professional development 
across the EU. Data shows that countries with solid cybersecurity education programs, 
such as Israel, have higher employment rates in the cybersecurity sector and better job 
performance outcomes. Integrating academic research into training and professional 
development will ensure that the next generation of experts is well-equipped to holistically 
navigate the complex landscape of cyber sovereignty and internet governance.
25 
Preface to the Contributions on Internet Fragmentation…
Fourteen scholars from ten countries have gathered to discuss those crucial issues 
concerning modern communication. In the first part of this issue of the ELTE Law Journal, 
Dorina Gyetván paints a general picture, showing that online private censorship is no longer 
just a theoretical distant possibility but an everyday reality. Carmen Moldovan highlights 
the conflict between the idea of state control over the internet and the impact on freedom 
of expression and access to information, as well as the challenges of the state-driven 
regulatory model. Adelina-Maria Tudurachi asks if Internet access could or should be seen 
as a fundamental human right, examining the relevant case law of the European Court 
of Human Rights and the Court of Justice of the European Union (CJEU). Gergely Ferenc 
Lendvai focuses on the right to access the Internet (RATI) as seen by the ECtHR and finds 
it in great danger in Russia and Turkey. Xiaojuan Grace Yang has created a comprehensive 
overview of World Internet Conferences and China’s promotion of cyber sovereignty, giving 
details about a less well-researched and known topic.
The second part of this ELTE Law Journal issue deals with the European online media 
legislation processes. Boris Kandov writes about the DSA, clearly underlining that it 
introduces several new regulations concerning algorithm-based, automatic filtering systems 
into EU law that are playing a significant role in online platforms, as algorithms are used 
there in the form of filtering and recommendation systems. Simona Veleva anticipates 
the challenges with the regulatory implementation of the DSA into national regulatory 
frameworks; the article focuses on the harmonisation process and the challenges posed by 
different legal traditions and regulatory approaches.
Readers may swim in the ocean of more technical questions in the third part of this issue 
of the ELTE Law Journal. Tuba Eldem thoroughly shows how the Internet is increasingly 
becoming a domain of control, surveillance, and regulation by states and private entities. 
The article investigates Web3 architecture in relation to countering sovereign controls with 
a mixed-method approach that synthesises insights from computer science, political science, 
and legal studies. Roland Kelemen, Joseph Squillace, Richárd Németh and Justice Cappella 
investigate the relationship between the United Nations Sustainable Development Goals 
and Internet access, focusing on how digital connectivity influences the achievement of 
these global objectives and revealing that a robust IT identity enhances digital inclusion and 
empowerment. In the last article, Ádám Farkas and László Vikman examine information 
operations as a question of law and cyber sovereignty, reviewing different nation-state 
solutions and providing a conceptual framework that incorporates legal, political, military 
and intelligence aspects.
On this basis, the articles in this issue of the ELTE Law Journal examine governmental 
and other policies and actions that constrain or prevent the use of the Internet to create, 
distribute, or access information. As a Guest Editor of the ELTE Law Journal, I hope to 
foster a more comprehensive and detailed understanding of censorship and internet content 
restrictions by bringing diverse perspectives and expertise together. This is, perhaps, a small 
contribution to the long fight against digital authoritarianism.


English

Preface to the Contributions on Digital Authoritarianism, Internet Fragmentation, Splinternet, Censorship and Cyber Sovereignty

Chinh, N.Q.

Olasz, D.

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Eötvös Loránd University

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