Children Have Fundamental Right To Access Internet: SC, Pg1

Key Highlights:

• The Supreme Court has declared that children possess a fundamental right to access and use the Internet.
• This right is enshrined under Article 21 (Right to Life and Personal Liberty) read with Article 19(1)(a) (Freedom of Speech and Expression) of the Indian Constitution.
• Justices J.B. Pardiwala and Vinod K. Chandran delivered the order, emphasizing that children's safety and freedom are not mutually exclusive.
• The court advocated for "intelligent restraints" and proportionate measures instead of blanket bans on internet access for children.
• It highlighted that denying internet access to children would be absurd and ineffective, potentially pushing them to unregulated platforms.

Internet Access.jpg

Detailed Insights:

• The ruling asserts that children, irrespective of age, enjoy the same fundamental rights as any other individual.
• The court observed that blanket restrictions are unproven measures of disproportionality and do not guarantee increased safety for children.
• It noted that stringent restrictions might deter children from reporting online abuse to parents or guardians due to fear of reprisal, undermining the POCSO Act.
• The judgment suggests that keeping children away from social media platforms does not necessarily reduce incidents of online abuse.
• The court acknowledged the necessity of safeguards and moderation, supporting age-based restrictions if they are proportionate to safety objectives.
• Recommended measures include greater emphasis on parental consent, guidance, supervision, and a dedicated "child mode" for social media platforms.

Key Concepts Involved:

• Article 21: Guarantees the right to life and personal liberty, including the right to live with human dignity.
• Article 19(1)(a): Enshrines the fundamental right to freedom of speech and expression for all citizens.
• POCSO Act: The Protection of Children from Sexual Offences Act, 2012, aims to protect children from sexual abuse and exploitation.