Creating a Reciprocal Partnership to Explore the Efficacy of Internet Connectivity Legal Frameworks in the Asia-Pacific Region

Recent natural disasters and the COVID-19 pandemic have highlighted the significance of Internet access as both a basic right and a practical expectation in communities. For example, in April 2020, Tropical Cyclone Harold damaged terrestrial networks, disruptng internet connectvity in four Pacific Small Island Developing States (SIDS) – Solomon Islands, Vanuatu, Fiji, and Tonga.[1] Similarly, in 2022, a volcanic eruption damaged Tonga’s sole undersea communication cable, leaving the country without internet access for over a month.[2] For most users in Western countries, Internet access is an assumed privilege. The ability of individuals to connect to and access the Internet to study, work, and socialise is taken for granted, with Internet connectivity being readily available and accessible. However, this is not the case for approximately 47 per cent of the population in the Asia-Pacific region who remain unconnected.[3] This lack of connectvity can be attributed to socio-economic factors such as poor digital skills, lack of affordability and accessibility to devices and services.

The Asia-Pacific Network Information Centre (APNIC) supports Internet development in the Asia-Pacific region and is focused on enhancing the efficacy of Internet Connectivity Legal Frameworks (ICLFs) in Asia-Pacific countries. In 2020, APNIC identified regulatory compliance as one of the primary challenges concerning its members and stakeholders.[4] In response to this realisation, Bond University partnered with APNIC in 2022 to support its objectives and investigate gaps in the efficacy of Internet connectivity frameworks in the Asia Pacific region. This partnership led to the establishment of Bond University’s Internet Law Research Clinic to support research in the field and provide students with learning opportunities to enhance their knowledge of Internet Law and their research and drafting skills. As part of this initiatitive, APNIC provided funding for a research project, titled: “Enhancing the Efficacy of Internet Connectivity Legal Frameworks in the Asia-Pacific Region”.[5] The project resulted in the creation of online resources, research reports, and fact sheets for APNIC and its members. These resources serve as important reference guides for APNIC members, helping them navigate the complex regulatory terrain for internet access in the Asia-Pacific region.

Through comparative research, this project examined the ICLFs of ten Asia-Pacific countries,[6] accessing the adequacy of these frameworks in providing individuals with internet access, and proposing strategies for improvement. It specifically focused on the use of satellite technology to facilitate Internet access, particularly during natural disasters when Internet connectivity is critical.[7] The project investigated the legal issues associated with the use of Low Earth Orbit (LEO) satellites in providing Internet connectivity and accessibility,[8] including data privacy and licensing requirements.[9] Given that access to the Internet raises human rights concerns, the availability and use of LEO satellites were identified as critical issues for Internet Service Providers (ISPs) globally, and especially for communiƟes in underdeveloped regions.