The internet cannot be treated as an adult-only space simply because it exposes children to harmful content. The Supreme Court has ruled that children, regardless of their age, enjoy a fundamental right to access and use the internet, and that protecting them from online dangers cannot become a justification for denying them that freedom altogether.
A Bench of Justices JB Pardiwala and K Vinod Chandran delivered the ruling in Just Rights for Children Alliance & Anr. v. S. Harish & Ors., while issuing a series of directions to strengthen the detection and removal of child sexual exploitation and abuse material (CSEAM) from digital platforms.
The Court held that internet access is protected under Article 21, read with Article 19(1)(a) of the Constitution, which safeguards life and personal liberty as well as freedom of speech and expression.
In its October 15 order, the Bench made clear that these constitutional protections extend to children just as they do to adults.
“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the Court observed.
The judges rejected the idea that children should lose access to an essential part of modern life because online platforms have failed to adequately tackle abusive or exploitative material.
Protect children, not punish them for platforms’ failures
The Court drew a clear distinction between children who use the internet and those who exploit it. Responsibility for online abuse, it said, rests with individuals who create, distribute, sell or seek out prohibited material, as well as intermediaries that fail to detect and remove it.
Restricting children’s internet access because of these failures would place the burden on the very people the law seeks to protect.
“To keep the child away from the internet on account of such failures would be to mistake the victim for the problem,” the Bench said.
The ruling, however, does not prevent reasonable safeguards. The Court indicated that parental supervision, child-specific modes for social media accounts and restrictions on content inherently harmful to minors can form part of a proportionate approach to online safety.
The emphasis, therefore, is on making digital spaces safer rather than excluding children from them.
Court flags continuing failures to remove abusive material
The judgment came on a petition filed by the Just Rights for Children Alliance, which raised concerns about continuing shortcomings in the efforts of online intermediaries to tackle CSEAM despite the Supreme Court’s September 2024 judgment.
The Bench expressed dissatisfaction with the progress made, observing that there appeared to have been “no progress worth the name” even after a substantial period had passed.
It also referred to reports alleging that paid promotions were being used to direct users towards such material through redirect links and websites.
In response, the Court issued a set of directions aimed at strengthening detection systems, accountability mechanisms and safeguards for children online.
Centre asked to establish stronger detection mechanisms
The Central government has been directed to file an affidavit detailing the technological measures online intermediaries have adopted to identify and remove CSEAM.
The Centre must also frame guidelines for significant social media intermediaries on using hash-matching technology and URL lists to locate and take down prohibited material.
The directions seek to make the process more systematic, reducing the possibility of abusive content continuing to circulate after it has been identified.
National database to help remove verified material
The Court ordered the creation of a National Hash & URL List Database dedicated exclusively to detecting and removing CSEAM.
Material must pass through multiple stages of verification before being added to the database. The final assessment must be carried out independently by at least three trained human analysts.
Once material is confirmed as CSEAM, its hash identifier and/or URL must be entered into the database. Online intermediaries will then be required to immediately disable and remove content matching an existing entry, without waiting to repeat the verification process themselves.
The mechanism is intended to help platforms respond more quickly when previously identified material reappears online.
Easier complaints and greater platform accountability
The Bench also directed improvements to reporting and grievance redressal systems for complaints involving CSEAM.
Platforms must prominently display the contact details of their grievance officers and ensure that users can access reporting facilities within two steps.
Trained grievance officers must make the final decisions on complaints, although automated systems may be used for preliminary screening.
The Court further asked the Centre to consider imposing exemplary fines on intermediaries that fail to meet their obligations. The proposed penalties should account for the seriousness and recurrence of violations, as well as the size and turnover of the platform concerned.
Revenue earned from CSEAM or other prohibited material through paywalls and subscription-based services should also be forfeited and disgorged. The Bench called for closer scrutiny of subscription content and safeguards to prevent children from accessing harmful sexual material.
Digital safety and sex education to become part of school learning
Beyond platform-level enforcement, the Court stressed the importance of equipping children with the knowledge to recognise and report abuse.
It directed that digital safety and age-appropriate sex education be incorporated into the core school curriculum, with NCERT and State Councils of Educational Research and Training (SCERTs) tasked with developing the material in consultation with experts.
The curriculum should address consent, safe and unsafe touch, online exploitation and the ways children can report abuse without fear of being reprimanded.
The directions also include training for teachers, regular awareness programmes for parents, and free counselling and psychological support for victims for as long as they need it.
The Centre has been asked to take the necessary steps to implement the directions and submit a progress affidavit before the next hearing on December 10.
The order places two responsibilities side by side: preserving children’s freedom to participate in the digital world and ensuring that platforms, institutions and authorities do their part to protect them from exploitation.