The Supreme Court of India has made a significant and historic observation regarding the digital rights and online safety of children, while the apex court explicitly stated that children have a fundamental right to access and use the internet, regardless of their age. Following this major ruling by the Supreme Court, a fresh debate has sparked across the nation concerning children's internet usage, their freedom of expression, and their online security, while providing much-needed legal clarity. In its judgment, the court emphasized that children can't be completely deprived of the internet under the pretext of shielding them from online dangers. The court believes that children's safety and their freedom aren't mutually exclusive, and children are legally entitled to both rights.
Rights Under Articles Twenty-One and Nineteen
The Supreme Court bench that heard this matter, comprising Justice JB Pardiwala and Justice K Vinod Chandran, clearly stated that the right to access and use the internet constitutes a fundamental right under Article 21 and Article 19(1)(a) of the Constitution of India. According to the court, completely depriving children of this right would be as flawed and irrational as assuming that children below a certain age lack discretion or the freedom of expression. While Article 21 of the Constitution guarantees the right to life and personal liberty, Article 19(1)(a) grants citizens freedom of speech and expression, which inherently includes the right to know, receive, and impart information and ideas.
Why Keeping Children Away from the Internet Is Incorrect
In its comprehensive judgment, the Supreme Court deeply evaluated the question that frequently arises in the minds of parents and policymakers: whether children should be entirely kept away from the internet and social media to protect them from online hazards. Rejecting this notion, the court stated that the right to freedom of speech and expression under Article 19(1)(a) encompasses not only expressing one's views but also the right to seek, receive, and share information and ideas. The court described the internet as a vital medium for thoughts, creative expression, and information. Explaining its significance, the judiciary noted that the internet isn't merely a repository of information, but it provides crucial and equal opportunities for both adults and children to access information.
Importance of Internet for Education and Remote Areas
The Supreme Court also shed special light on the fact that for many children, particularly those residing in remote and rural areas of the country, the internet may be the sole medium for learning and acquiring essential information. Under such circumstances, completely keeping children away from the internet would severely restrict their learning process, their ability to acquire new knowledge, and their opportunities to express themselves to the world. In the modern era, digital education and access to digital resources are the rights of every child and can't be arbitrarily snatched away.
Both Safety and Freedom of Children Are Essential
The Supreme Court also unequivocally clarified that granting children the right to use the internet doesn't mean completely ignoring their online safety, while in today's digital age, protecting children from sexual exploitation, abuse, and other grave online challenges is equally imperative. Keeping this crucial context in view, the bench issued strict directives to all social media platforms and other online services, while the court mandated that these digital platforms must strengthen their mechanisms to detect and remove material related to child sexual exploitation and abuse material known as CSEAM. The primary objective of this strong framework is to establish an effective system to safeguard children from all kinds of online threats without cutting them off from the internet. Through this historic verdict, the Supreme Court has once again demonstrated how vital it's for society and the law to maintain a proper balance between children's digital rights and their personal safety.