The Supreme Court has affirmed that access to the internet is a fundamental right for children. This decision was made during a hearing on a petition that raised concerns about the rising prevalence of child sexual exploitation and abuse material on social media platforms. The court directed the Centre to establish a national database aimed at identifying and removing sexually explicit content involving minors from digital platforms.

The ruling was delivered by a bench comprising Justices JB Pardiwala and K Vinod Chandran. They stated that the internet serves as a marketplace for ideas and information, essential for both adults and children. The court underscored that denying children access to the internet would be akin to denying them the right to express themselves and protect their conscience.

The order, which spans 137 pages, was issued on October 15 and stemmed from a petition filed by the NGO Just Rights for Children Alliance. This organisation focuses on issues such as child trafficking and exploitation. Senior advocate HS Phoolka represented the NGO during the proceedings.

Guidelines for Safeguarding Children Online

In its ruling, the Supreme Court acknowledged the necessity of implementing age-based restrictions to ensure children’s safety online. The bench emphasised that while safeguards are essential, they should not infringe upon children’s rights to access information. The court proposed a system that prioritises parental consent and guidance when children engage with social media platforms.

The court also suggested the introduction of a dedicated “child mode” for social media accounts, which would include measures aimed at protecting children from harmful content. However, it clarified that this would not prevent the government from restricting access to certain categories of content deemed harmful, including adult websites.

Furthermore, the court asserted that children’s safety and their freedom to access information are not mutually exclusive. It highlighted that the internet often serves as a vital resource for learning, especially for children in remote areas or those with special needs, where alternative sources of information may be limited.

Concerns Over Age-Based Restrictions

The bench expressed concerns regarding the implementation of age-based restrictions, stating that such measures could lead to excessive surveillance and data collection. The court noted that these processes could infringe upon individuals’ right to privacy and may not effectively prevent children from accessing the internet.

The justices pointed out that children often circumvent restrictions, potentially exposing themselves to more dangerous online environments. They stated that prohibiting children from using the internet could discourage them from reporting incidents of online threats or exploitation, thereby undermining their safety.

The court concluded that blanket restrictions on children’s internet access are disproportionate and unproven in their effectiveness. It called for collaborative efforts from various stakeholders, including online platforms and law enforcement, to detect and eliminate child sexual exploitation and abuse material.

The ruling emphasised that a comprehensive approach is essential to ensure children’s safety online. The Supreme Court’s ruling mandates the Centre to create a national database to assist in the detection and removal of child sexual exploitation and abuse material from digital platforms. This initiative aims to enhance the protection of children while respecting their fundamental rights.

In summary, the Supreme Court has reinforced the notion that access to the internet is a fundamental right for children, while also recognising the need for appropriate safeguards against harmful content. The court’s decision underscores the importance of balancing children’s rights with their safety in the digital age.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store – https://apps.apple.com/in/app/newspin/id6746449540

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share