The SC ruled in favour of teenagers rejecting the blanket age based restrictions on internet access, stating that children enjoy the fundamental right to access and use of internet. However, it called for a strict framework to protect childeren from online sexual abuse.
Calling the blanket ban ‘unreasonable’ it stressed on measures to protect children without taking away their rights. It also warned that age based restrictions could push the child towards unregulated and potentially more dangerous websites.
It claimed that children who are threatened online would also hesistate to report such incidents for the fear of punishment for violating the restrictions. It furthrr raised concerns 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 rejection comes two week after the apex court was informed by the Centre on its plans to amend the IT intermediary rules to restrict internet access to children under 18. The Centre, previously 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.
The top 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.
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.