'Children have fundamental right to access internet'
On October 15, the Supreme Court of India declared the right to access and use the internet as a fundamental right for children, directing the central government to establish a national database to detect and remove sexually explicit visual content depicting minors from digital platforms. The order came in response to a plea by the NGO Just Rights for Children Alliance, which highlighted the alarming increase in child sexual exploitation and abuse material being circulated on social media.
The court emphasized that the internet is a crucial marketplace of ideas, creative expression, and information, vital for both adults and children's access. They reaffirmed that children, regardless of age, possess the same rights and maintaining this right is not incompatible with ensuring their safety. The court acknowledged the need for safeguards to protect children online, such as parental consent, guidance, oversight, and a dedicated child mode for social media accounts, but ruled out blanket restrictions on internet access for children.
The top court stressed that the right to freedom of speech and expression under Article 19(1)(a) of the Constitution encompasses the right to know, receive, and impart information and ideas, and that any restrictions must not lead to disproportionate surveillance or misuse of sensitive data. They noted that children, especially those in remote areas or with special needs, often rely on the internet as their primary source of learning and social interaction.
The court warned that restricting internet access for children could lead them to seek out unsafe platforms, undermining their safety and defeating the purpose of the Protection of Children from Sexual Offenses (POCSO) Act. They ruled out a complete ban on the internet for children, stating that such measures have proven efficacy and are not a substitute for the efforts of intermediaries, law enforcement agencies, and other stakeholders in deterring and removing child sexual abuse material.
Written by urgent.news from The Economic Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
