Internet Access as a Fundamental Right for Children

Syllabus: GS2/ Polity and Governance

Context

• The Supreme Court, while hearing applications concerning the circulation of child sexual exploitation and abuse material (CSEAM) on social media, recognised the right of children to access the Internet.

Key Observations of the Supreme Court

• The Court observed that the right to access and use the Internet is a fundamental right under Article 21 read with Article 19(1)(a) of the Constitution.
• Children enjoy constitutional rights irrespective of their age, and their freedom of expression cannot be denied merely because they are minors.
• Proposed Safeguards: 
  • The government was directed to create a database of digital identifiers and URLs associated with confirmed abusive material to facilitate its identification and removal.
  • The government was directed to frame guidelines and standard operating procedures for perceptual hash-matching, URL listing and other technological measures to detect and remove such material.
  • The Court stressed that non-consensual, sexually exploitative and abusive material must have no place on the Internet.

Benefits of Internet Use Among Children

• Access to information: Digital platforms provide children with educational resources and opportunities to explore subjects beyond the classroom.
• Skill development: Internet use supports digital skills, upskilling, creative expression and collaborative learning.
• Social interaction: Digital platforms facilitate communication, community-building and peer engagement.

Concerns Associated with Internet Use

• Social Isolation: Virtual connectivity replaces face-to-face communication, weakening real-world relationships and family bonds.
• Internet Addiction Disorder (IAD): Compulsive use leads to loss of control, withdrawal symptoms, and neglect of real-world duties.
• Physical well-being: Excessive or poorly regulated Internet use disrupt sleep, affect emotional regulation and interfere with children’s daily routines.
• Online exploitation: Interactions with strangers, cyberbullying, impersonation and inappropriate content can expose children to harassment and other forms of harm.
• Gender-based digital divide: Boys’ greater access and freedom increases exposure to online risks, while restrictions on girls’ Internet access limits their digital literacy and ability to protect themselves online.

Way Ahead

• Platforms should include age-appropriate defaults, restricted contact from unknown users and accessible reporting mechanisms.
• Children affected by online abuse should receive confidential reporting channels, counselling and timely legal assistance.
• Schools should teach children how to assess online information, recognise manipulation, protect personal data and respond safely to cyberbullying and suspicious interactions.

Source: IE