Children have fundamental right to access and use internet: Supreme Court

This judgment significantly expands the interpretation of fundamental rights in the digital age. The Court read the right to internet access into Article 21 (Right to Life and Personal Liberty) and Article 19(1)(a) (Freedom of Speech and Expression). By affirming that children possess these rights just as adults do, the judiciary reinforces the principle that fundamental rights are not age-dependent. The ruling aligns with previous jurisprudence, such as the Faheema Shirin vs. State of Kerala case, which first recognized the right to internet access as part of the right to education and privacy. This establishes a strong precedent that internet access is an enabler of other fundamental rights, critical for information gathering and expression. For UPSC, this underscores the dynamic nature of constitutional interpretation, where the scope of rights expands to encompass modern necessities.

From a child rights perspective, the judgment balances autonomy with protection. The Court rejected a paternalistic approach of imposing a blanket ban on internet access for children, terming it a measure of 'proven disproportionality'. Instead, it advocated for 'intelligent restraints'. The ruling highlights a crucial sociological reality: overly strict restrictions often backfire, driving children to use the internet covertly and pushing them toward less regulated, riskier platforms. Furthermore, the Court noted that hostility regarding internet use discourages children from reporting online abuse out of fear of reprisal, thereby defeating the protective intent of laws like the Protection of Children from Sexual Offences (POCSO) Act. This nuanced understanding of adolescent behavior is crucial for designing effective social policies regarding digital literacy and safety.

The judgment calls for a shift in how stakeholders approach digital regulation for minors. The Supreme Court advocated for a system emphasizing parental consent, guidance, and a dedicated 'child mode' on social media platforms, rather than outright prohibition. This places the onus on a collaborative effort involving intermediaries (tech companies), law enforcement, the Ministry of Electronics and Information Technology (MeitY), and parents. The governance challenge lies in implementing these 'proportionate measures' effectively. Policymakers must design frameworks that mandate platforms to incorporate robust age-verification and child-safe modes without infringing on privacy or becoming overly burdensome. This aligns with ongoing discussions around the Digital Personal Data Protection Act, 2023, which contains specific provisions for processing children's data and verifiable parental consent.