ABSTRACT
For a long time, legal doctrine and case law have focused on the emergence of a right to access the Internet, which is conceived as an element of the right to freedom of expression. In contrast, so far relatively little scholarly attention has been devoted to its opposite: is there a right to be offline? Can one be forced to use the Internet? In France, it is indeed becoming increasingly difficult for non-users of the Internet to access even basic public services such as public transportation. Although the reasons for remaining offline vary, there are documented harms that arise when using online services is no longer a mere option, but becomes an obligation. Based on French administrative and ECtHR case law, this chapter will show that, for now, at least in France, there is only a right to an offline alternative in vertical relations and in particular circumstances, based mainly on non-discrimination-law or (arguably) on data protection law. There is – so far – no general right to live one’s live offline in positive law.
