In a landmark observation, the Supreme Court has underscored that the internet is a fundamental right, and this protection explicitly extends to children. The apex court ruled that children cannot be wholly denied access to the digital world simply in the name of online safety.

Protection and Freedom Can Coexist

The significant observations were made by a bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran while issuing directions to strengthen mechanisms for detecting and removing Child Sexual Exploitation and Abuse Material (CSAM) from social media and online services.

The court noted that the right to access and use the internet falls under Articles 21 and 19(1)(a) of the Constitution, which guarantee the right to life and personal liberty, as well as the freedom of speech and expression.

Key takeaways from the bench’s observations include:

• No Blanket Bans: Restricting children’s access to the internet just because tech platforms have failed to moderate harmful content essentially means blaming the victims rather than addressing the root problem.
• Child Modes over Bans: Instead of complete restrictions, the bench recommended enhancing online safety infrastructure, suggesting the implementation of features like a dedicated “child mode” for social media accounts.
• Rights are Not at Odds: The safety of children and their freedom are not mutually exclusive; they are entitled to both robust protection and freedom of expression.

A Crucial Lifeline for Education and Inclusion

The Supreme Court highlighted that the internet goes beyond mere entertainment. It serves as an indispensable source of learning, communication, and information.

For children living in remote or rural areas, the internet often acts as the single most important bridge to educational resources. Furthermore, the court pointed out that online platforms provide invaluable support and companionship to children with special needs.

The overarching message from the Supreme Court is a balanced one: Making the digital world a safer place must be the priority, but it should never come at the cost of shutting children out and stripping them of their fundamental rights.