Supreme Court Declares Internet Access a Fundamental Right for Children

The Supreme Court of India has established a landmark ruling affirming that access to the internet is a fundamental right for all citizens, including children. In a significant judgment delivered by Justices JB Pardiwala and K Vinod Chandran on Thursday, the court emphasized that denying internet access to children would be as unreasonable as suggesting they lack a conscience or the right to express their opinions.

This ruling emerged during the proceedings of a petition that highlighted the failure of social media platforms to comply with their legal duties regarding the reporting of child sexual exploitation and abuse material. The court deliberated on whether it was appropriate to keep children entirely shielded from the vast expanse of the internet and social media. However, the judges underscored that safeguarding children’s welfare and ensuring their freedom are not mutually exclusive objectives. “Our children are entitled to both,” the court stated, reinforcing the need for a balanced approach.

The court’s observations come in the wake of alarming reports, including findings from the BBC, which revealed that Instagram, owned by Meta, was promoting paid advertisements containing references to child sexual abuse materials in India. Such publications are illegal and constitute serious offenses as per the 2000 Information Technology Act and the 2012 Protection of Children from Sexual Offences Act. The adverts reportedly included disturbing phrases like “rape video” and “child video,” raising serious concerns over the safety of children online.

This ruling not only highlights the importance of internet access as a fundamental right but also sheds light on the urgent need for stricter regulations and accountability from social media platforms. The court’s affirmation of children’s rights to navigate the internet safely calls for a dual approach: enhancing online safety measures while simultaneously ensuring that children are not deprived of the benefits and opportunities that the internet offers.

As the digital landscape continues to evolve, this judgment serves as a crucial reminder that children must be granted the freedom to explore and express themselves online, with appropriate protections in place to guard against exploitation and abuse. The Supreme Court’s decision reinforces the notion that every child deserves the right to a safe, engaging, and responsible internet experience.

Source: scroll.in