Supreme Court Affirms Children's Right to Internet Access
The Supreme Court emphasizes that children have a fundamental right to access the internet, rejecting blanket restrictions citing online dangers.
Children's internet access is a fundamental right under Article 21 and Article 19(1)(a) of the Constitution.
The Court issued directives to enhance measures against child sexual exploitation material (CSEAM).
The government is required to implement a national database and improve reporting mechanisms for CSEAM.
In a landmark ruling on October 15, the Supreme Court of India declared that children possess a fundamental right to access and utilize the internet. This decision was made in the context of a case concerning child sexual exploitation and abuse material (CSEAM), where the Court emphasized that protecting children from online harm cannot justify denying them internet access altogether.
The bench, comprising Justices JB Pardiwala and K Vinod Chandran, stated that the right to internet access is enshrined in Article 21 of the Constitution, which guarantees the right to life and personal liberty, and Article 19(1)(a), which ensures freedom of speech and expression. The Court argued that denying children this right would be as unreasonable as suggesting that they lack the capacity for conscience or freedom of expression. The ruling highlighted the need to balance children's safety with their rights to access information and express themselves freely.
The Court's order followed a plea from the NGO Just Rights for Children Alliance, which pointed out ongoing failures by intermediaries in managing CSEAM. The justices expressed concern over the lack of significant progress in addressing these issues since a previous ruling in September 2024. They noted alarming reports of paid promotions for CSEAM through various online platforms, underscoring the urgency of the matter.
To combat CSEAM, the Court directed the Central government to implement several measures, including the creation of a National Hash & URL List Database for identifying and removing harmful content. This database will require thorough verification processes before any material is included. Additionally, the Court mandated that intermediaries must disable and remove any content that matches existing entries in the database without waiting for further verification.
The ruling also called for enhanced reporting and grievance redressal mechanisms for CSEAM complaints, requiring platforms to make grievance reporting easily accessible. Furthermore, the Court urged the government to consider imposing fines on intermediaries for failures related to CSEAM and to ensure that digital safety and age-appropriate sex education are integrated into school curricula. The next hearing is scheduled for December 10, when the government is expected to report on the implementation of these directives.
