New Delhi: The Supreme Court on Saturday recognised the right to access and use the internet as a fundamental right guaranteed under Articles 21 and 19(1)(a) of the Constitution. The Court said the right extends to every individual, including children, adding that denying children access to the internet altogether would be absurd.
A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran made the observation while issuing directions to strengthen mechanisms for identifying and removing child sexual exploitation and abuse material (CSEAM) from social media platforms and other online services.
“We have no hesitation in saying that the right to access and use the internet is a fundamental right of every individual under Article 21 read with Article 19(1)(a) of the Constitution. Our children, irrespective of their age, enjoy the same rights, and denying them these rights altogether would be as absurd as claiming that children below a certain age do not have a conscience worth protecting or freedom of speech worth expressing. The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the bench said.
In its judgment, the Court examined whether children should be completely kept away from the internet and social media in the interest of their safety.
The Court noted that the right to freedom of speech and expression under Article 19(1)(a) also encompasses the right to know, receive and share information and ideas. Describing the internet as a marketplace of ideas, creative expression and information, it said its significance lies not only in the information it contains but also in the access it provides to adults and children alike.
“For many children, particularly in remote areas, it is often the only source of learning and information,” the Court observed.
The Court said keeping children away from the internet because intermediaries had failed to detect and remove harmful material would amount to mistaking the victim for the problem.
(With inputs from LiveLaw)
