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

The Supreme Court rejected blanket age-based restrictions on children's internet access. It sought stronger safeguards against online sexual abuse without curtailing fundamental rights.

In Short

• Blanket internet ban may push children to unsafe websites, says Supreme Court
• It asks Centre to frame guidelines for national databases of hashes and URLs
• It also seeks safeguards against wrongful content deletion across platforms

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 observed that children’s safety and freedom to use the internet were not at odds with each other. Denying them internet access altogether would be unreasonable, it said, 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.

The development comes two weeks after the Centre told the Supreme Court that it planned to amend the IT intermediary rules to restrict internet access for children under 18. Days before that hearing, the Supreme Court had asked the Centre whether children under 18 should be barred from creating social media accounts without parental consent.

Earlier this year, Andhra Pradesh Minister Nara Lokesh said the state government was planning to ban social media use by children under 16. His remarks came days after Australia implemented a similar ban on social media accounts for children in the country.

SC FLAGS FAILURE TO REMOVE ABUSIVE CONTENT

The 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 latest observations came after the Centre pressed technology companies to report cases involving child sexual abuse material directly to Indian law enforcement agencies, rather than routing them through a US-based non-profit first. Officials argued that the existing process delayed police intervention in cases where children faced an immediate threat. Google and Meta agreed to shift to direct reporting following discussions with the government.

The court further said it could not afford to wait any longer for an effective response from authorities and platforms.

NATIONAL DATABASE, CROSS-PLATFORM DETECTION

The 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 SCHOOL

The 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.

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