Guwahati: The Supreme Court has held that children have a fundamental right to access and use the internet, ruling that protecting them from online abuse cannot justify blanket restrictions on their access.

A Bench of Justices JB Pardiwala and K Vinod Chandran made the observation in an October 15 order in Just Rights for Children Alliance & Anr. v. S. Harish & Ors., while issuing directions to strengthen the detection and removal of child sexual exploitation and abuse material (CSEAM) online.

The court held that the right to access and use the internet is protected under Article 21 read with Article 19(1)(a) of the Constitution and applies to children irrespective of their age.

“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the Bench said, adding that denying children internet access altogether would be equivalent to disregarding their right to freedom of expression.

The court said protective measures should focus on removing harmful material and holding those responsible accountable, rather than restricting access for children who may be victims of online exploitation.

“To keep the child away from the internet on account of such failures would be to mistake the victim for the problem,” the Bench observed.

The court cautioned that blanket restrictions could push children towards unregulated and potentially more unsafe platforms. It said there was no demonstrated evidence that keeping children away from social media made them safer, while acknowledging the need for proportionate safeguards.

These could include parental consent and supervision, age-appropriate restrictions, and a dedicated “child mode” for social media accounts to limit access to harmful content.

The order came on a petition filed by the NGO Just Rights for Children Alliance, which alleged continued failures by online intermediaries to tackle CSEAM despite the Supreme Court’s September 2024 judgment.

Expressing concern over the implementation of its earlier directions, the Bench said there appeared to have been “no progress worth the name” in more than two years. It also referred to reports alleging the paid promotion of CSEAM through redirect links and websites.

Directions to detect and remove CSEAM

The court directed the Centre to file an affidavit detailing the technological measures used by online intermediaries to detect and remove CSEAM. It also asked the government to frame guidelines for significant social media intermediaries on using hash-matching technology and URL lists to identify and remove such material.

The Centre was directed to establish a National Hash & URL List Database exclusively for detecting and removing verified CSEAM.

The court said material must undergo multiple levels of verification before being added to the database, with the final assessment carried out independently by at least three trained human analysts. Once verified, the material’s hash identifier and/or URL must be entered into the database.

Online intermediaries were directed to immediately disable and remove content matching existing database entries without waiting for further verification by their own teams.

Reporting and grievance redressal

The Bench directed platforms to strengthen reporting and grievance redressal mechanisms for complaints involving CSEAM. Platforms must prominently display the contact details of grievance officers and make reporting mechanisms accessible within two steps.

Trained grievance officers must take final decisions on complaints, while automated tools may be used for preliminary screening.

The court also asked the Centre to consider exemplary fines for failures to meet CSEAM-related obligations, taking into account the seriousness and recurrence of violations and the size and turnover of the intermediary concerned.

It further said revenue generated from CSEAM or prohibited material offered through paywalls or subscriptions should be forfeited and disgorged. The Bench called for stricter scrutiny of subscription-based content and safeguards to prevent children from accessing harmful sexual material.

Digital safety education in schools

The court directed that digital safety and age-appropriate sex education be incorporated into the core school curriculum, with content developed by the National Council of Educational Research and Training (NCERT) and State Councils of Educational Research and Training (SCERTs) in consultation with experts.

The curriculum should cover consent, safe and unsafe touch, online exploitation and ways to report abuse without fear of reprimand.

The Bench also directed teacher training, regular awareness programmes for parents, and free counselling and psychological support for victims for as long as necessary.

The Centre has been directed to take steps to implement the orders and submit a progress affidavit before the next hearing on December 10.

Solicitor General Tushar Mehta appeared for the Central government.