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Presentation
Beyond Access: Harmonization of Legal Frameworks to Bridge the Digital Divide in Developing Countries
Global Digital Divide: A legal postscript to the World Summit on Information Society (2007)
  • Subhajit Basu, Queen's University Belfast
  • Joseph Mwaura, Queen's University Belfast
Abstract

The question is how to deal with the problem of the digital divide? The fight against exclusion requires energetic action. Whether the global digital divide will be eventually bridged will depend on how the international community resolves the political issues of who governs the cyberspace and on what terms? It also depends on whether the stronger, developed countries would impose rules on the weaker, less developed countries. Some analysts regard the international harmonization of laws as the only way to meet the challenges of global digital divide. In this paper, we consider how the laws and regulations impinge upon technology use, and what changes are required to create an environment that fosters its use? A democratic platform and a predictable, transparent, and non-discriminatory regulatory environment are necessary for the development of a global information society. Hence, when devising the regulatory environment, members of the international community should pay special attention to the needs and constraints of the less developed countries, the socially under-privileged. We also consider the role that corporate law could play in widening access to ICT and argue that governments in developing countries need to create enabling corporate legal environments that encourage companies to assume digital social responsibilities, as this role is presently inhibited by corporate laws which are often geared towards encouraging companies to maximize their profits rather than to assume social responsibilities. We also argue that the laws, especially those in Commonwealth African countries, are also complex and uncertain and this makes it difficult for company directors to understand the extent to which they may assume social responsibilities.

Publication Date
September, 2007
Citation Information
Subhajit Basu and Joseph Mwaura. "Beyond Access: Harmonization of Legal Frameworks to Bridge the Digital Divide in Developing Countries" Global Digital Divide: A legal postscript to the World Summit on Information Society (2007)
Available at: http://works.bepress.com/subhajitbasu/41/