The Supreme Court of India has rejected proposals to ban children from social media platforms, affirming that internet access is a fundamental right under Articles 21 and 19(1)(a) of the Constitution. The court ruled against age-based restrictions, calling them an overreach that risks privacy violations. The bench of Justices J.B. Pardiwala and K.V. Chandran issued a 137-page order outlining a regulatory framework for detecting and managing Child Sexual Abuse Material (CSAM) on social media and other intermediaries, while seeking the central government’s response, according to medianama.com.
The court emphasized that denying internet access to children on the grounds that they lack conscience is "absurd" and highlighted the privacy risks involved in continuous age verification and data collection. The proposed framework includes mechanisms for detecting, removing, and reporting CSAM, along with penalty-based measures to regulate such content on digital platforms. The order aims to balance child protection with constitutional rights, setting a precedent for how intermediaries must handle CSAM, as detailed in the Supreme Court order shared by medianama.com.
This ruling is significant in the context of ongoing debates over internet regulation and child safety online in India. It diverges from stricter age-based restrictions seen in other jurisdictions, focusing instead on targeted content regulation without broad bans. The court’s framework could influence how social media companies and intermediaries implement content moderation policies, aligning with India’s privacy and free speech standards. The decision also reflects judicial caution against disproportionate surveillance and data collection practices, which have raised concerns globally.
The Supreme Court’s order spans 137 pages and was delivered by Justices J.B. Pardiwala and K.V. Chandran. The central government’s formal response to the proposed CSAM regulatory framework is pending, which will determine the next steps in implementing these guidelines across India’s digital platforms, according to medianama.com.