The growth of internet connectivity in India has brought considerable advantages; however, it has caused very serious issues about children’s safety in the digital environment. Recently, the Madurai Bench of the Madras High Court recommended that the Union of India enact legislation to limit access to the Internet for children under 16 years old.
As evidenced by the above recommendation, judicial authorities are becoming increasingly apprehensive about children being able to view and access negative, harmful and otherwise objectionable materials such as pornography and, cyber-exploitation, and even addiction due to excessive use of social media, without restriction.
Why the Court Intervened
The case reached the court in a form of a public interest litigation, where it is noted that children have very easy access to explicit and age inappropriate materials. The court noted that the current protection provisions within the Information Technology system are reactive, as opposed to proactive and thus children remain in frequent danger.
Although content-blocking duties are under the intermediary requirements of digital platforms, the court observes that there are technological gainsays and parental ignorance to curb such duties which is, however, ineffective in protecting minors.
Key Legal Observations
The Madras High Court observed as follows:
Children are not emotionally and psychologically mature enough to deal with the unregulated exposure to digital content.
The existing legislation is not adequate on age-based access control.
There is no way that parental supervision is going to substitute systematic legal control.
The case reached the court in a form of a public interest litigation, where it is noted that children have very easy access to explicit and age inappropriate materials. The court noted that the current protection provisions within the Information Technology system are reactive, as opposed to proactive and thus children remain in frequent danger.
Although content-blocking duties are under the intermediary requirements of digital platforms, the court observes that there are technological gainsays and parental ignorance to curb such duties which is, however, ineffective in protecting minors.
Key Legal Observations
The Madras High Court observed as follows:
Children are not emotionally and psychologically mature enough to deal with the unregulated exposure to digital content.
The existing legislation is not adequate on age-based access control.
There is no way that parental supervision is going to substitute systematic legal control.
The court has also appealed to international practices, especially the recent legislative acts in Australia, in which social media use by children below the age of 16 has been limited to protect mental health and wellbeing.
Government and Child Protection Agency Role.
Although the court did not go as far as to prescribe a binding directive, it advised the Central Government to come up with an exploration of the practicability of a statutory framework to control the use of internet by children. It also recommended the child protection organizations to mount more awareness campaigns targeting:
Digital safety education
Responsible internet usage
Dangers of exposure to social media at a young age.
India Legal Implications.
In the event of such a law, it might have a great influence in transforming the digital governance in India. It would require balancing:
The right to information among children.
Minor protection is the responsibility of the State.
Liabilities of internet service providers and sites.
The emergence of this also poses pertinent questions concerning the intermediary liability, the responsibility of the parents, and how far constitutional rights can be extended in the digital era.
The recommendation by the Madras High Court is a significant move towards accepting online safety as a child right issue. With India moving towards digitisation at a very fast rate, there has been a growing necessity to have a clear, child-based legal framework that will govern the use of the internet.
Whether this suggestion will become law or not is yet to be determined, but it has certainly sparked an important legal and policy discussion on how to safeguard minors in the digital age.
Government and Child Protection Agency Role.
Although the court did not go as far as to prescribe a binding directive, it advised the Central Government to come up with an exploration of the practicability of a statutory framework to control the use of internet by children. It also recommended the child protection organizations to mount more awareness campaigns targeting:
Digital safety education
Responsible internet usage
Dangers of exposure to social media at a young age.
India Legal Implications.
In the event of such a law, it might have a great influence in transforming the digital governance in India. It would require balancing:
The right to information among children.
Minor protection is the responsibility of the State.
Liabilities of internet service providers and sites.
The emergence of this also poses pertinent questions concerning the intermediary liability, the responsibility of the parents, and how far constitutional rights can be extended in the digital era.
The recommendation by the Madras High Court is a significant move towards accepting online safety as a child right issue. With India moving towards digitisation at a very fast rate, there has been a growing necessity to have a clear, child-based legal framework that will govern the use of the internet.
Whether this suggestion will become law or not is yet to be determined, but it has certainly sparked an important legal and policy discussion on how to safeguard minors in the digital age.
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