Parental consent makes right to internet conditional, Pg10

Key Highlights:

• The Supreme Court, in an order dated October 15, 2026, declared that access to and use of the internet is a fundamental right for every individual, including children, under Article 21 and Article 19(1)(a) of the Constitution.
• A bench of Justices J.B. Pardiwala and K. Vinod Chandran ruled against blanket restrictions on children's internet access, stating that denying access because platforms fail to remove abuse material is "mistaking the victim for the problem."
• The Court recommended "parental consent, guidance and oversight" with a dedicated "child mode" for online platforms.
• The ruling came in response to a petition by the NGO Just Rights for Children Alliance, which highlighted the circulation of Child Sexual Exploitation and Abuse Material (CSEAM) online.

Detailed Insights:

• The Supreme Court emphasized that children, irrespective of their age, enjoy the same fundamental rights, and their safety and freedom are not mutually exclusive.
• The Digital Personal Data Protection Act, 2023 (DPDP Act) mandates verifiable parental consent for processing the personal data of individuals under 18 years of age.
• The article raises concerns that the parental consent model, as defined by the DPDP Act rules, could lead to extensive data collection, surveillance, and disproportionate risks of misuse.
• It highlights that a consent regime might deepen existing inequalities, citing ASER 2024 data which shows rural girls aged 14-16 own fewer phones and use social media less than boys.
• The Court suggested that platform obligations, such as accounts being private by default, no contact from unknown adults, and controls on advertising to children, are more effective solutions.
• It also stressed that penalties for platforms failing to detect and remove abuse material should be the remedy, rather than imposing burdensome requirements on parents.
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) provide a framework for imposing obligations on platforms regarding content moderation and grievance redressal.

Key Concepts Involved:

• Fundamental Right to Internet Access: The constitutional right to access and use the internet, derived from Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life and personal liberty).
• Digital Personal Data Protection Act, 2023 (DPDP Act): A law regulating the processing of digital personal data, including specific provisions for children's data requiring verifiable parental consent.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021): Regulations that mandate due diligence and grievance redressal mechanisms for online intermediaries and social media platforms.