Supreme Court Rules Children Have Right to Internet Access, Places Responsibility on Tech Platforms for Online Safety

Children possess a fundamental right to access and use the Internet, according to a recent Supreme Court judgment delivered by Justices J.B.Pardiwala and K.Vinod Chandran on October 15. The court emphasized that the solution to online dangers is not banning children from going online, but making sure they stay safe from predators. Banning children would mistake the victim for the problem, since the actual wrongdoers are the people who create or circulate abusive material and the tech intermediaries that fail to stop it. The bench noted that the Internet is a vital marketplace of ideas and a key source of learning for children in remote areas or those with special needs.

Implementation and Fines

The judgment pointed out that previous safety directions issued on September 23, 2024, in a petition by Justice Rights for Children Alliance were largely ignored, leading to an alarming increase in child sexual exploitation and abuse material on social media. The court highlighted that links to child pornography were sold for prices ranging from 40 rupees to 5,000 rupees. Under the new directives, tech platforms must create a National Hash and URL List Database. Known illegal material must be removed immediately, while unknown illegal content removed through complaints must be reported to authorities within two hours. Intermediaries must also provide an easy reporting category within two steps, acknowledge complaints within 24 hours, and face severe monetary fines or lose safe-harbour protection under the Information Technology Act if they fail to comply.

Context

Online safety regulations around the world, such as the United Kingdom's Online Safety Act and the European Union's Digital Services Act, increasingly hold digital platforms legally responsible for hosting illegal content. This Indian Supreme Court ruling aligns with international efforts to shift the burden of policing the internet away from users and onto the tech companies whose algorithms and services host the data.