NEW DELHI, Oct. 17 -- The Supreme Court has recognised children's right to access and use the internet as a fundamental right, ruling that protecting minors from online abuse does not justify cutting them off from digital spaces. It has directed the Centre to establish a national database to identify sexually explicit visual content involving children and facilitate its removal from digital platforms.
The 137-page order was delivered on October 15 by a bench of Justices JB Pardiwala and K Vinod Chandran on a petition filed by the Just Rights for Children Alliance, an NGO working against child sexual exploitation, trafficking and marriage. Senior advocate HS Phoolka represented the organisation.
The petition drew the court's attention to the growing circulation of child sexual exploitation and abuse material (CSEAM) on social media platforms. In response, the bench issued a series of directions to address the spread of such material while safeguarding children's constitutional rights.
Referring to earlier judgments, the court said internet access falls within the fundamental rights guaranteed under Article 21 and Article 19(1)(a) of the Constitution, which protect life and personal liberty, and freedom of speech and expression. The bench observed that the internet provides access to knowledge, information, creative expression and communication. For children in remote areas, it can be a primary source of education, while those with special needs may depend on online spaces to connect with others facing similar experiences.
The judges said children cannot be denied these rights simply because of their age. However, they clarified that recognising internet access as a fundamental right does not rule out reasonable safeguards to protect minors.
The court suggested measures such as greater parental involvement in children's access to social media and dedicated child modes with protections suited to their needs. It also clarified that the government could restrict access to specific services or content that are inherently harmful to children, including adult websites.
The bench cautioned against blanket restrictions that require platforms to verify every user's age. Such systems could involve the continuous collection and monitoring of sensitive personal information, creating risks of surveillance, privacy violations and misuse of data.
The judges also questioned whether broad age-based restrictions would achieve their intended purpose. Children prohibited from using certain platforms may turn to unregulated websites, potentially exposing themselves to greater risks without their parents' knowledge.
The court warned that restrictions could also discourage children facing online threats or coercion from seeking help. Fear of punishment for violating internet rules may prevent them from reporting abuse to parents, guardians or other trusted adults, undermining the protective objectives of the Protection of Children from Sexual Offences (POCSO) Act.
The bench said excluding children from social media would not, by itself, prevent the circulation of abusive material. Effective action requires cooperation between digital platforms, law enforcement agencies, the Ministry of Electronics and Information Technology and the courts.
Rejecting a blanket ban on children's internet access, the judges said the effectiveness of such restrictions remained unproven and could not replace sustained efforts to detect and remove illegal content.
The ruling places the responsibility for online child safety on stronger safeguards and coordinated enforcement, while recognising that children must retain access to information, education and communication.
Published by HT Digital Content Services with permission from Millennium Post.