'Efficacy of curbs not proved': SC against blanket internet ban on kids over safety

The Supreme Court has determined that children possess the same right to use the internet as adults, holding that the internet's value is irreplaceable in providing information and education, particularly to those in remote areas. Despite earlier uncertainty regarding the fundamental nature of internet access rights, the bench comprising Justices J B Pardiwala and K V Chandran unanimously affirmed that it is indeed a fundamental right under Article 21 and Article 19(1)(a) of the Constitution.

However, the court refrained from endorsing blanket internet bans for children in the name of safety, noting that such measures have proven ineffective and disproportionate. The court highlighted that even if children attempt to circumvent restrictions, they often end up on unregulated platforms that are more dangerous. While acknowledging a global trend towards restricting children's internet access, especially on social media, the court emphasized that children do not abandon the internet simply due to prohibitions. Instead, they gravitate towards unmonitored and potentially unsafe avenues.

The court stressed that any restrictions on children's internet usage should be age-based and include safeguards to ensure their safety. Nonetheless, it reiterated that no country has demonstrated the efficacy of blanket restrictions, which could prove to be an ineffective and disproportionate approach.