Access to internet fundamental right, even for children: SC rejects age-based ban

The Supreme Court has rejected blanket age-based restrictions on internet access, holding that children enjoy the fundamental right to access and use the internet. It has, however, called for a stricter framework to protect them from online sexual abuse, including faster detection and removal of child sexual abuse material across platforms.The court said children’s safety and freedom were not at odds with each other. Denying them internet access altogether would be unreasonable, it observed, while stressing that safeguards must protect children without taking away their rights.The court also warned that age-based restrictions could push children towards unregulated and potentially more dangerous websites. Children who are enticed or threatened online may also hesitate to report such incidents to parents or trusted adults for fear of punishment for violating the restrictions, it said.SC FLAGS FAILURE TO REMOVE ABUSIVE CONTENTThe court expressed concern over the continued circulation of child sexual abuse material online despite existing guidelines. It criticised regulatory authorities and social media intermediaries for failing to take earnest steps to protect victims. The proceedings were prompted in part by reports placed before the court flagging alleged paid promotions of child sexual abuse material through redirect links and websites on social media platforms.The court said the existing mechanism for reporting and removing such material remained dependent largely on individual complaints. When one platform detects and removes the material, the same content is not automatically flagged across other platforms. This could delay its removal and allow it to continue circulating online. The court said it could not afford to wait any longer for an effective response from authorities and platforms.NATIONAL DATABASE, CROSS-PLATFORM DETECTIONThe Supreme Court issued detailed directions to the Centre and the internet and social media platforms to strengthen the detection and removal of child sexual abuse material.It directed the Centre to frame guidelines for national databases of perceptual hashes and URLs. These would help platforms identify matching material across services and improve coordinated detection and removal.However, the court stressed that such systems must include safeguards against wrongful deletion. Content should not be mechanically removed or added to the matching database based on a single complaint. Multiple safeguards and verification must precede such action.The framework must also provide a grievance redressal mechanism for cases in which an incorrect hash match or URL is flagged. The court further clarified that the hash and URL databases must not be repurposed to detect or remove other kinds of material.CALL FOR AWARENESS FROM PRIMARY SCHOOLThe court also called for extensive awareness programmes and sensitisation to begin at the primary school level. The aim is to help children understand online risks and encourage them to seek help when they encounter abuse or threats.The directions seek to address the circulation of abusive material while protecting children’s constitutional freedoms and ensuring that mechanisms designed to safeguard them do not lead to arbitrary restrictions or wrongful removal of content.(Developing story. It will be updated soon.)- Ends