Description
Protecting Children Online: Supreme Court's Approach to Digital Safety | SC Says Internet is Fundamental Right for Children | CSEAM Verdict Explained
BIG Supreme Court Judgement for UPSC GS-2! | Just Rights for Children Alliance vs S. Harish Case | 15th October 2026
Supreme Court Bench of Justice JB Pardiwala & Justice K Vinod Chandran gives landmark verdict on Children Online Safety:
KEY OBSERVATIONS:
"The safety of our children and their freedom are not at odds with each other. Our children are entitled to both."
1. Internet is FUNDAMENTAL RIGHT for Children:
SC held right to access and use internet is fundamental right under Article 21 (Life & Personal Liberty) read with Article 19(1)(a) (Freedom of Speech & Expression). Children, irrespective of age, enjoy same rights as adults. Denying internet to children is as absurd as saying children below a certain age do not have a conscience worth protecting.
2. NO Blanket Ban on Children:
SC REJECTED age-based blanket ban on internet/social media for children. Court said banning children will:
- Push them to more dangerous unregulated websites
- Victim will be treated as problem - "To keep child away from internet for failure of intermediaries would be to mistake the victim for the problem"
- Children facing abuse will fear reporting to parents if they violated ban
- Deny access to education, information, social connection
3. Focus on Perpetrators, Not Children:
In CSEAM (Child Sexual Exploitation and Abuse Material) cases, wrongdoers are those who CREATE, CIRCULATE, SELL or SEEK such material and intermediaries who fail to detect/remove it. Safety measures must target harmful material and those responsible.
4. SC Directions to Centre & Social Media Platforms:
- Create National Database of verified digital identifiers, perceptual hashes & URLs linked to CSEAM
- Database to be housed in Indian Cyber Crime Coordination Centre (I4C) Sahyog Portal or separate repository
- Strengthen detection, reporting, removal of CSEAM under IT Rules, POCSO Act
- Implement 'Child Mode' for social media accounts instead of ban - with privacy limits, contact limits, moderated content, parental consent & guidance
- Age-appropriate education on consent, privacy, reporting abuse
- Enforce IT Act, 2000 & Intermediary Guidelines 2021 obligations
5. Related Petition:
Emerald Heights International School Indore petition before CJI Surya Kant bench seeking ban on social media for children below prescribed age - Notice issued to Centre, WCD Ministry, NCPCR
UPSC Relevance: Highly Important!
GS2: Fundamental Rights Article 19, 21, Protection of Children from Sexual Offences (POCSO), IT Act, Rights of Children, Supreme Court Judgements, NCPCR, I4C, Digital India, Child Rights
GS3: Cyber Security, CSEAM, Intermediary Liability
Vajirao & Reddy Institute - India's Top Potential Training Institute for IAS | Best Current Affairs for UPSC 2026.
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