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India’s Supreme Court has ruled that children, like all other individuals, have a fundamental right to access and use the internet, according to Anadolu Agency.
“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 bench comprising Justices Jamshed Burjor Pardiwala and Vinod K. Chandran said in an order.
The court said children “irrespective of their age, enjoy the same rights.” Denying them those rights altogether, it added, would be as absurd as claiming that children below a certain age had no conscience worth protecting or 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 petition by a non-governmental organization alleging “serious lapses” by intermediaries in tackling child sexual exploitation and abuse material (CSEAM) online.
It also sought information from the government about the tools and technological measures intermediaries have put in place to detect and remove CSEAM. Among several directions, the court ordered the federal government to establish a “national hash and URL list” database dedicated to detecting and removing the material.
“Digital safety and age-appropriate sex education must form a part of the core curriculum,” the order said.
The ruling comes as some countries have banned or restricted children’s access to social media platforms. India’s chief economic advisor proposed age-based policies for access to digital platforms this year, saying younger users were “more vulnerable to compulsive use and harmful content.”
India’s digital footprint has expanded rapidly in recent years. According to online statistics portal “Statista,” as of last October the country had the world’s largest “Facebook” audience, with more than 403 million users, and also had the largest “YouTube” audience.
