Digital Public Order

Abstract

The concept of public order (ordre public) constitutes a pivotal and vital subject in all legal systems, holding a prominent place across various branches of both public and private law. The notion of public order cannot be confined to a narrow scope, free from overlap or interplay with other concepts, as it remains a flexible doctrine that expands or contracts according to the prevailing circumstances of each society.

Furthermore, current technological advancements and the information revolution have brought the concept of public order face to face with the evolving challenges of the electronic era and the digital space, which operates on non-traditional fundamentals and distinct elements regarding spatial, temporal, personal, and factual boundaries. Consequently, adapting traditional mechanisms to preserve public order within this new digital environment has proved increasingly difficult.

Perhaps the greatest threat facing public order is its collision with the concept of digital freedom, as public authorities tasked with maintaining public order within society no longer find it easily feasible to assert control and oversight over this digital sphere. Additionally, globalization and digital connectivity—having erased geographical borders—have further compounded the complexities confronted by law enforcement authorities. In practice, the protection of public rights and freedoms does not always manifest uniformly across all times and places, even within a single state, and its regulatory patterns do not operate at a constant level; hence, the challenges are inherently magnified within cyberspace.

From this context emerges a new dimension of public order, namely Digital Public Order, aimed at confronting digital chaos. This paper addresses the problem of maintaining public order in the electronic realm, requiring first an examination of the legal foundations (doctrinal grounding) of the concept of digital public order, followed by an analysis of the extent to which existing legislation contributes to its framing and the determination of its core components.