NEW DELHI: The Supreme Court on Saturday held that the right to access and use the internet is a fundamental right under Articles 21 and 19(1)(a) of the Constitution, including for children irrespective of age. It said measures to protect children from online sexual exploitation must target harmful content and those responsible for its circulation, rather than restrict children's internet access.
A bench of Justices J.B. Pardiwala and K. Vinod Chandran said children's safety and freedom were not mutually exclusive, adding that blanket restrictions could push them towards unregulated platforms and discourage victims of online abuse from reporting incidents for fear of punishment.
The court was hearing an application by Just Rights for Children Alliance seeking effective implementation of its September 23, 2024, judgment on social media intermediaries' obligations to report suspected offences involving child sexual abuse material.
While acknowledging the need for age-based safeguards, the court suggested parental guidance and oversight, private-by-default accounts, restrictions on messages from unknown adults, and moderation of advertisements and content accessible to children. It clarified that the government could restrict access to inherently harmful services, such as adult-content websites. The court directed attention towards preventing the hosting and circulation of Child Sexual Exploitation and Abuse Material (CSEAM) on online platforms and called on the Centre to frame guidelines for content scrutiny and proportionate safeguards.
It also called for digital safety and age-appropriate sex education to be incorporated into school curricula, covering consent, privacy, safe and unsafe touch, online grooming and exploitation, and reporting mechanisms. The NCERT and SCERTs should develop the curriculum in consultation with experts, while teachers and school staff should be trained to identify and respond to signs of abuse and online harassment. (IANS)
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