Supreme Court backs children's internet rights, calls for online safety measures

NEW DELHI: The Supreme Court has held that the right to access and use the internet is a fundamental right guaranteed by the Constitution to children as well as adults. Children enjoy this right irrespective of their age, but proportionate safeguards are necessary to protect them online and regulate accessible content, a Bench comprising Justices J.B. Pardiwala and K. Vinod Chandran observed. The court also issued directions to detect, report and remove child sexual exploitation and abuse material (CSEAM) online.

The Constitution guarantees the right to seek and receive information and ideas. Since the internet is a major hub of ideas, expression and information, children must also have access to it, the court said. The internet helps children in remote areas with their education and access to information. It also provides a platform for children with special needs to connect with others. A blanket ban could push them towards unregulated and potentially more dangerous platforms without their parents’ knowledge, the court pointed out. Such restrictions could also discourage children facing online threats from seeking help for fear of reprimand.

Child mode for safety

The court suggested age-appropriate safeguards for children's social media use, including parental consent, guidance and supervision, along with a dedicated “child mode”. Such measures could make children's accounts private by default, restrict contact from unknown adults and regulate advertisements and accessible content. The implementation details were left to the Union government.

Database to be created; police to be informed

The Supreme Court directed the Centre to establish a national database containing verified hash identifiers and URLs to help detect and remove CSEAM across online platforms. Entries must undergo multi-tier verification, with the final assessment conducted by at least three trained human analysts.

Platforms must report CSEAM of unknown origin to the appropriate authorities within two hours in specified circumstances. Removals following matches with the national database are subject to consolidated weekly reporting. Complaints must be acknowledged within 24 hours with a reference number, and complainants must be informed of the decision and the reasons for it.

The court asked the Centre to consider exemplary monetary penalties for non-compliant platforms and called for stricter scrutiny of paywalled and subscription-based content. It also directed that digital safety and age-appropriate sex education form part of school curricula, alongside teacher training and awareness programmes. The Union government was directed to submit an affidavit detailing progress in implementation by December 10, 2026.