India’s court recognizes children’s internet access as a fundamental right — Anadolu Agency

India’s Supreme Court has recognized children’s right to access and use the internet as a fundamental right. Justices Jamshed Burjor Pardiwala and Vinod K. Chandran noted that this right belongs to every person under Article 21 read with Article 19(1)(a) of the Constitution of India, Anadolu Agency reports.

Children’s rights and digital safety

The court emphasized that children have the same rights regardless of their age. The ruling also stated that children’s safety and their freedom do not contradict each other, and that children are entitled to both.

The case was heard following a petition by a non-governmental organization, which alleged serious shortcomings in the work of internet intermediaries in combating child sexual exploitation and abuse material online. These claims were set out in the organization’s petition.

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Hash and URL database

The Supreme Court requested information from the authorities on the tools and technological measures used by intermediaries to detect and remove such material. Among other orders, the court instructed the federal government to create a national database of hashes and URLs intended exclusively for detecting and removing such material.

The court also stated that digital safety and age-appropriate sex education should be included in the core curriculum. Earlier this year, India’s chief economic adviser proposed introducing age-based rules for access to digital platforms, citing younger users’ vulnerability to compulsive use and harmful content.