Supreme Court says children have a right to Internet access, rejects blanket age bans

PTC Web Desk:  The Supreme Court has ruled that children have a fundamental right to access and use Internet and has turned down the idea of blanket age-based restrictions. At the same time, it asked the government and online platforms to put a tougher system in place to protect minors from online sexual abuse and to remove child sexual abuse material (CSAM) much faster.

The court observed that a child’s safety and a child’s freedom do not work against each other. Shutting children out of Internet altogether would be unreasonable, it said, and any safeguard must protect them without taking away their rights.

Why age bans can backfire

The Bench cautioned that age-based restrictions could drive children towards unregulated websites, which may be even riskier. It also pointed out that a child who is lured or threatened online may stay silent, fearing punishment for breaking the rules, instead of telling parents or a trusted adult.

Court unhappy with failure to remove abusive content

The court voiced concern that CSAM continues to circulate online despite existing guidelines. It criticised regulators and social media intermediaries for not taking serious steps to protect victims.

The matter reached the court partly because of reports that alleged paid promotion of such material through redirect links and websites on social media platforms.

According to the court, the current system for reporting and taking down such content depends mostly on individual complaints. When one platform removes an item, the same content is not automatically flagged on other platforms, which delays its removal and lets it keep spreading. The court said it could no longer wait for authorities and platforms to respond effectively.

National database and cross-platform detection

The court issued detailed directions to the Centre and to Internet and social media companies to improve detection and removal of CSAM.

The Centre has been told to frame guidelines for national databases of perceptual hashes and URLs, so that platforms can spot matching material across services and act in a coordinated manner.

The court added that the system must have safeguards against wrongful deletion. Content should not be removed or added to the database automatically on the basis of a single complaint, multiple checks and verification must come first. A grievance redressal mechanism must exist for cases where a hash match or URL is flagged by mistake. The hash and URL databases cannot be used to detect or remove any other type of content.

Awareness from primary school

The court also asked for wide-ranging awareness and sensitisation programmes starting at the primary school level. The idea is to help children understand online risks and feel comfortable seeking help when they face abuse or threats.

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