The Supreme Court has held that children have a fundamental right to access and use the internet under Articles 19(1)(a) and 21 of the Constitution, rejecting blanket age-based restrictions. The Court emphasised stronger parental controls, child-safe social media features and strict measures to detect and remove online child sexual abuse material.
The Supreme Court of India has made significant observations regarding children's digital rights, holding that access to and use of the internet is a fundamental right available to every individual, including children, irrespective of age.
A Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran observed that children's constitutional rights cannot be denied merely because of concerns surrounding online safety.
The Court referred to Article 21, which protects life and personal liberty, read with Article 19(1)(a), which guarantees freedom of speech and expression.
The Bench stated:
"The safety of our children and their freedom are not at odds with each other. Our children are entitled to both."
The Court recognised that restricting access entirely could deprive children of educational opportunities, communication facilities, information and other benefits of the digital world.
The Court called for enhanced parental supervision and effective child-specific safety controls on social media platforms.
These measures include age-appropriate online environments, child-mode features and stronger mechanisms to prevent children's exposure to sexually exploitative and abusive content.
The Court also highlighted the responsibility of social media intermediaries to act promptly against harmful material circulating on their platforms.
The proceedings arose from applications alleging inadequate reporting and removal of child sexual exploitation and abuse material by social media platforms.
The Supreme Court directed the Central Government to develop a coordinated framework for identifying and removing such material.
The directions include:
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Creating a national database of digital identifiers and URLs associated with confirmed child sexual abuse material.
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Framing guidelines and standard operating procedures for detecting and removing prohibited material.
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Using technological tools such as perceptual hash-matching to identify previously detected abusive content.
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Strengthening coordination between authorities and digital intermediaries to prevent repeated circulation of such content.
The Court also expressed concern over the inadequate response of authorities and online platforms to instances of child sexual exploitation.