India’s top court says children’s right to internet access ‘fundamental’

Ahmad Adil

India’s top court has said children, like all other individuals, have a fundamental right to access and use the internet.

“We have no hesitation in saying that the right to access and use the internet is a fundamental right of every individual under Article 21 read with Article 19(1)(a) of the constitution,” a Supreme Court bench of Justices Jamshed Burjor Pardiwala and Vinod K. Chandran said in an order.

The Supreme Court stated that “children, irrespective of their age, enjoy the same rights,” adding that, “deny the same altogether would be as absurd as saying children below a certain age do not have a conscience worth protecting or a freedom of speech worth expressing.”

“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the order said.

The court was hearing a plea filed by a nongovernmental organization alleging “serious lapses” by intermediaries in tackling child sexual exploitation and abuse material (CSEAM) online.

The top court also sought details from the government about the tools and technological measures that intermediaries have put in place to detect and remove CSEAM.

Among its several directions, the court ordered the federal government to create a “national hash and URL list” database solely to detect and remove CSEAM.

“Digital safety and age-appropriate sex education must form a part of the core curriculum,” it said.

The Indian court’s order comes as some countries have banned or restricted children’s access to social media platforms.

India’s chief economic advisor proposed age-based policies on access to digital platforms this year, saying that “younger users are more vulnerable to compulsive use and harmful content.”

The South Asian nation has been rapidly expanding its digital footprint in recent years. According to the online statistics portal Statista, as of last October, India had the largest Facebook audience worldwide, with more than 403 million users. It said India also has the largest YouTube audience.