RIGHT TO INTERNET ACCESS FOR CHILDREN: BALANCING FREEDOM AND SAFETY

Why In News?

In Just Rights for Children Alliance vs S. Harish, the Supreme Court recognised the importance of internet access for children and stressed the need to balance digital freedom with age-appropriate safeguards. 

Why Is Internet Access A Fundamental Right?

Importance Of The Internet

• Essential Gateway: The internet is now essential for education, information, communication, creativity and participation in society.    

• For Children: It is a gateway to knowledge, learning and self-expression.  

Constitutional Basis

How Have Courts Recognised Digital Rights?

Not Absolute: In Anuradha Bhasin, the Court did not declare internet access an absolute right. Restrictions are allowed if they meet the tests of legality, necessity and proportionality.  

What Is The Legal Framework For Children Online In India?

Digital Personal Data Protection Act, 2023: Defines a child as anyone below 18, requires verifiable parental consent before processing their data, and bars tracking, behavioural monitoring and targeted advertising directed at children.  

Information Technology Act, 2000: Section 67B punishes publishing or transmitting child sexual abuse material. 

IT Rules, 2021: Require platforms to remove harmful content and appoint grievance officers. 

POCSO Act, 2012: Covers online sexual exploitation of children.

International Commitments: India ratified the UN Convention on the Rights of the Child in 1992. Its General Comment No. 25 (2021) applies children's rights to the digital environment. 

How Are Other Countries Regulating Children's Online Access?

Indian States: Andhra Pradesh and Karnataka have considered measures to regulate children's screen time. 

Context Matters: Foreign models cannot simply be copied, given India's constitutional framework, social conditions and the need for digital inclusion.  

What Are The Key Challenges?

Harmful Online Content And Exploitation

• Exposure To Harm: Children can encounter violent, sexual or extremist content, as well as online predators.  

• Dangerous Online Trends: Viral challenges can put children at risk.  

• Example: In 2017, the "Blue Whale Challenge" prompted the Ministry of Electronics and IT to direct platforms to remove links to the game, after reports of harm to children.  

Mental Health And Excessive Screen Time

• Addiction And Stress: Excessive use of social media and gaming is linked to anxiety, sleep loss and poor concentration. 

• Cyberbullying: Online harassment can seriously affect children's well-being.  

Privacy And Data Exploitation

• Data Harvesting: Platforms can collect large amounts of children's personal data for profit.  

• Implementation Gaps: Enforcing the DPDP Act's child protections will be challenging in practice.  

Digital Divide

• Unequal Access: Many children, especially in rural areas and poor families, lack devices and reliable internet.  

• Example: During COVID-19 school closures, millions of children without devices or connectivity fell behind in learning, showing how lack of access can itself violate the right to education.  

• Gender Gap: Girls often have less access to phones and the internet than boys. 

Risks Of Blanket Bans

• Lost Opportunities: Blanket bans can cut children off from education, information and self-expression.  

• Easy Workarounds: Children may bypass bans using false ages or others' accounts, pushing them to less safe spaces. 

Age Verification Dilemmas

• Privacy Trade-Off: Strict age checks may require collecting identity documents or biometric data, raising privacy concerns for all users. 

• Verifiable Consent: Getting genuine parental consent at scale is technically and practically difficult.  

Low Digital Literacy And Platform Accountability

• Limited Awareness: Many parents and teachers lack the digital skills to guide children safely.  

• Weak Accountability: Platforms do not always moderate harmful content quickly or design services with children's safety in mind.  

What Is The Way Forward?

Rights-Based, Proportionate Regulation

• Avoid Blanket Bans: Use age-appropriate, risk-based rules rather than total bans, consistent with Anuradha Bhasin's proportionality test.  

• Child-Centred Approach: Follow the UNCRC's General Comment No. 25, which balances protection, participation and access. 

Safety By Design

• Platform Duties: Require platforms to build in child-safe defaults, such as private accounts, content filters and limits on contact from strangers.  

• Learn From Global Codes: Design standards can protect children without bans. 

• Example: The UK's Age Appropriate Design Code (2021) requires online services likely to be used by children to set high privacy defaults and avoid manipulative design, leading major platforms to change their features. 

Strong Implementation Of Data Protection

• Enforce The DPDP Act: Strictly apply rules on parental consent and the ban on tracking and targeted ads for children.  

• Privacy-Preserving Age Checks: Use age verification methods that confirm age without storing excess personal data, for example through DigiLocker-based tokens. 

Digital Literacy For Children, Parents And Teachers

• School Curriculum: Integrate cyber safety and digital literacy into school education, in line with the National Education Policy, 2020. 

• Parent Awareness: Help parents set healthy boundaries and recognise online risks.  

Bridge The Digital Divide

• Universal Access: Expand BharatNet, affordable devices and school connectivity, so that safety rules do not deepen inequality. 

• Gender Inclusion: Promote digital access and skills for girls.  

Strengthen Reporting And Response

• Easy Reporting: Make reporting tools simple and child-friendly on platforms. 

• Use National Systems: Promote the National Cyber Crime Reporting Portal and helpline 1930, and the Childline 1098 helpline.   

Shared Responsibility

• Parents And Guardians: Encourage responsible use and age-appropriate boundaries. 

• Government: Set clear rules on harmful content, privacy and platform accountability.  

• Schools: Teach children to identify risks and use online resources wisely.  

• Platforms: Strengthen moderation, privacy safeguards, age-appropriate settings and reporting mechanisms.  

Conclusion

The Supreme Court's observations make clear that protecting children online does not mean cutting them off from the internet. A balanced approach combines rights-based regulation, safety-by-design, strong data protection, digital literacy and universal access, so that children can learn, create and express themselves safely in the digital world.  

Source: THEHINDU