Convergence of technology, information and commerce

The most significant of these technological innovations in the last century was the convergence¹²⁸ of technologies in communication, computing (computers, software, services) and broadcasting (publishing, entertainment and information providers), to create the interactive multimedia and the information highway. This convergence of computing and communications technologies, which are now called Information and Communication Technologies (ICTs), heralded the Information Society of the late 20^th century. The concept of the Information Society has taken centre stage in the 21^st century public discourse, simply because the synergies produced by the convergence

125 See n 110.

126 The World Book Encyclopedia Vol 4 923.

127 Id at 924.

128 Convergence refers to the power of digital media to combine voice, video, data and text, in new applications, devices and networks. The EU Commission, in its Green Paper on the Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications of Regulation:

Towards an Information Society Approach COM (97) 623 final, 3 (1997) ii, recognises that convergence, pertaining to telecommunications, information technology and broadcasting, is occurring at the technological level such that digital technology now allows both traditional and new communication services whether voice, data, sound or picture, to be provided over many different networks. While acknowledging the lack of precise definition, it sees convergence most commonly expressed as:

 the ability of different network platforms to carry essentially similar kinds of services, or

 the coming together of consumer devices such as the telephone, television and personal computer.

42 of telecommunications and computer technologies continue to impact societies in ways never imagined. The Bangemann Report of 1994¹²⁹ helped to draw world attention to the opportunities afforded by the emerging information society powered by ICTs.

1.3.1 Information society

The Bangemann Report pointed to the fact that ICTs were generating a new industrial revolution based on information, with a huge capacity to change the way we work and live together. The information society was thus seen as capable of improving the quality of life of Europe‘s citizens, the efficiency of Europe‘s social and economic organisations and to reinforce cohesion. The vision of ICTs being deployed as potent agents for development has not only resonated in the Western developed societies, but increasingly so in the developing countries of Asia and Africa where ICTs are portrayed as providing opportunities to take giant leaps in the race towards development.

This view of ICTs transforming the industrial society into an information society was endorsed by the Organisation for Economic Cooperation and Development (OECD) as a public policy instrument in 1997 as a follow up to the Bangemann Report.

Recognising that the development of a global information society can help governments contribute to further enhancement of public goals, the OECD declared that:

The development of an information society is expected to have important beneficial impacts on economies and societies; it is expected to stimulate economic growth and productivity, create new economic activities and jobs. As well, a number of social benefits are expected to develop, including improved education opportunities, improved healthcare

129 In December 1993, the European Council called for a report that would recommend specific measures to be taken into consideration by the Community and the Member States for the infrastructures in the sphere of information, to be prepared for its meeting that was to be held in June 1994. The Report titled, Report on Europe and the Global Information Society: Recommendations of the High-level Group on the Information Society to the Corfu European Council. Bulletin of the European Union, (Bangemann Report) Supplement No. 2/94 (1994), was prepared by the High-Level Group on the Information Society chaired by Martin Bangemann. ―On the basis of this report, the Council will adopt an operational programme defining precise procedures for action and the necessary means. This Report urges the European Union to put its faith in market mechanisms as the motive power to carry us into the Information Age.‖ See n 1 at 4.

43 delivery and other social services, and improved access to cultural and

leisure opportunities.¹³⁰

The concept of the Information Society is grounded in the notion that the world is now faced with an inevitable and inexorable march of a technology-driven global networked society, which will be beneficial to all and bring about great improvements in all facets of national development.

The engine that drives this technology-based development comprises the vast technologies and applications that make up what is generally referred to as information and communication technologies.¹³¹ They are seen as presenting developing countries with the means to speed up economic and social development.

As a consequence, national development has in the last thirty years or more, witnessed a paradigm shift from the natural resource exploitation model of the last century. Development is now seen as knowledge-based and driven by information technology, while skills and knowledge are seen as the basis of comparative and competitive advantage, nationally and internationally.¹³²

Central to this new model or concept of development are the twin resources of knowledge and information, because of their inherent capacities to enhance the process of problem solving. Development, as Okpaku argues, is ―simply the process of problem solving or responding to new challenges with a view to mastering them.‖¹³³ Harnessing the potentials and capacities of knowledge and information for development has therefore become one of the most critical issues facing most developing countries today.

130 OECD Global Information Infrastructure-Global Information Society (GII-GIS): Policy Requirements 6.

The aim of the report was ―to develop recommendations for policies that fully exploit the contributions of advances in technology in the context of Global Information Infrastructures - Global Information Society (GII-GIS). This background report examines developments in GII-GIS and provides recommendations on policies.‖ (5).

131 Castells Information Technology, Globalization and Social Development 4 [online].

132 Okpaku (ed) Information and Communication Technologies for African Development: An Assessment of Progress and the Challenges Ahead 22.

133 Ibid.

44 1.3.2 The digital divide

However, the spread of ICTs across the world has not been without its problems; the spread is not even,¹³⁴ nor equitable and has brought into sharp focus not only the glaring division of the digital world into the haves and have-nots,¹³⁵ but also new problems associated with the proper management and supervision of the deployment of these technologies. One of such problems is the conflict between the right to information and the right to withhold information, particularly personal information, recognised generally as the right to information privacy with which this work is concerned.

The overwhelming reliance on ICTs as tools for development in the last two decades has meant that any country that aspires to participate in and benefit from the several advantages of the Information Revolution, must invest heavily in the necessary technologies and personnel to run them. The capital-intensive nature of these technologies make them not easily affordable to many poor countries, particularly in Africa, thus the digital divide remains, either qualitatively or quantitatively.¹³⁶

134 See n 131. According to Castells: ―… information and communication technology is the essential tool for economic development and material well-being in our age; it conditions power, knowledge and creativity;

it is, for the time being, unevenly distributed within countries and between countries; and it requires, for the full realization of its developmental value, an inter-related system of flexible organizations and information-oriented institutions.‖

135 The digital divide is a social/political issue referring to the socio-economic gap between communities that have access to computers and the Internet and those who do not. The term also refers to gaps that exist between groups regarding their ability to use ICTs effectively, due to differing levels of literacy and technical skills, as well as the gap between those groups that have access to quality, useful digital content and those that do not. With regard to the Internet, the access is only one aspect, but the quality of connection and auxiliary services, processing speed and other capabilities of the computer used, and other factors could also be part of the issue. According to the OECD,

The digital divide reflects various differences among and within countries. The ability of individuals and businesses to take advantage of the Internet varies significantly across the OECD area as well as between OECD and non-member countries. Access to basic telecommunications infrastructures is fundamental to any consideration of the issue, as it precedes and is more widely available than access to and use of the Internet. See OECD Understanding the Digital Divide 1

136 See n 110 at 1-8.

45 2. THE INFORMATION ECONOMY