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[POLITICS] · India · 26 sources

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Supreme Court of India declares internet access a fundamental right for children

The Supreme Court of India has declared that the right to access and use the internet is a fundamental right for all individuals, including children, under Articles 21 and 19(1)(a) of the Constitution. A bench comprising Justices JB Pardiwala and K Vinod Chandran ruled that denying children internet access in the name of safety is unreasonable, noting that the internet is an essential tool for education and expression, particularly in remote areas.

The court rejected the idea of blanket, age-based bans on internet use, arguing that such restrictions might drive children toward less regulated and more dangerous websites. Instead, the court emphasized that safety measures must target harmful content and perpetrators rather than the children themselves. To strengthen online protection, the court directed the Union Government to consider establishing a national database containing hash identifiers and URLs of confirmed child sexual exploitation and abuse material (CSEAM).

Additionally, the court issued several directives to social media intermediaries, including a requirement to report CSEAM to authorities within two hours and a prohibition on hosting or promoting such material through paywalls or subscriptions. The ruling follows a plea by the NGO Just Rights for Children Alliance regarding the failure of digital platforms to effectively detect and remove abusive content.

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JB Pardiwala · Just Rights for Children Alliance · K Vinod Chandran · Supreme Court of India · Union Government of India

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