The Supreme Court of India has reaffirmed the fundamental right of every citizen, including children, to access the internet. This decision comes amidst a global debate about limiting internet access for children below a certain age and concerns about child sexual exploitation material on social media platforms.
The Supreme Court of India has once again emphasized the fundamental right of every citizen, including children, to use the internet. In an order passed on Thursday, Justices JB Pardiwala and K Vinod Chandran stated that denying internet access to all would be as absurd as claiming that children below a certain age do not have a conscience worth protecting or a freedom of speech worth expressing. This decision comes in response to a petition alleging that social media platforms are failing to meet their legal obligations regarding the reporting of child sexual exploitation and abuse material.
During the hearing, the court deliberated whether children should be completely shielded from the internet and social media platforms. However, the court highlighted that children's safety and freedom are not mutually exclusive. According to the court, children have a right to both online safety and freedom. This stance is particularly significant as it comes amidst growing efforts globally to limit internet access for children below a certain age, especially on social media platforms.
The observations of the Supreme Court come months after the BBC reported that Instagram, owned by Meta, had been running paid advertisements that promote child sexual abuse material in India. The advertisements used phrases such as ‘rape video’ and ‘child video’, directing users to channels on the messaging application Telegram where such content could be purchased. Publishing or transmitting child sexual abuse material is illegal and constitutes a serious criminal offence under the 2000 Information Technology Act and the 2012 Protection of Children from Sexual Offences Act in India.
In addition to the Supreme Court's decision, two Indian states, Karnataka and Andhra Pradesh, are planning to ban the use of social media for children under the age of 16. In March, Siddaramaiah, the Karnataka chief minister at the time, announced that the state government will ban the use of social media for children under the age of 16. The Andhra Pradesh government had also mentioned in 2025 that it was considering a ban on social media for children in that age group.
The court noted that the internet functions as a marketplace of ideas, creative expression and a means to gather information. For many children, particularly in remote areas, it is often the only source of learning and information. For children with special needs, the internet was often the only place to find companionship.
Source:
Scroll.in
