Balancing Kids’ Internet Freedom & Online Safety

BALANCING CHILDREN’S INTERNET FREEDOM WITH ONLINE SAFETY

WHY IN NEWS ?

In Just Rights for Children Alliance v. S. Harish (2026), the Supreme Court recognised internet access as a fundamental right, highlighting the need to protect children’s digital freedom through age-appropriate safeguards rather than blanket restrictions.

BALANCING CHILDREN'S INTERNET FREEDOM WITH ONLINE SAFETY

INTERNET ACCESS AS A FUNDAMENTAL RIGHT FOR CHILDREN:

  • Digital Empowerment: Internet access provides children with opportunities for education, knowledge, creativity and self-expression, making it essential for an inclusive and informed society.
  • Constitutional Protection: Digital access is closely connected with Article 19(1)(a), which guarantees freedom of speech and expression, including the ability to receive and share information.
  • Judicial Observation: The Supreme Court observed that freedom and safety are not contradictory and protecting children does not necessarily require restricting their internet access.
  • Capability Development: Economist Amartya Sen’s capability approach highlights how access to knowledge and opportunities enhances human development and individual capabilities.
  • International Practices: Countries such as Australia, Brazil, China, Indonesia, Malaysia and the UAE have introduced measures such as screen-time limits and parental supervision to regulate children’s social media use.
  • Indian Context: States such as Andhra Pradesh and Karnataka have considered introducing screen-time restrictions for children, reflecting growing concerns regarding digital safety.

BALANCING DIGITAL FREEDOM WITH CHILDREN’S SAFETY

  • Online Threats: Unrestricted internet access can expose children to cyberbullying, online harassment, privacy violations, fraud and harmful content.
  • Blanket Restrictions: Completely restricting children’s internet access may undermine their educational opportunities, freedom of expression and digital development.
  • Shared Responsibility: Parents, government authorities, educational institutions and digital service providers must collectively ensure a safe online environment.
  • Preventive Measures: Age-appropriate content filters, parental guidance, digital literacy programmes and effective reporting mechanisms should be strengthened.
  • Responsible Regulation: Policymaking should focus on restricting harmful content rather than unnecessarily limiting children’s fundamental rights.

ABOUT CONSTITUTIONAL RIGHTS AND DIGITAL FREEDOM:

●      Article 19(1)(a): Guarantees freedom of speech and expression, including the right to receive and impart information.

●      Article 21: Protects the right to life and personal liberty, which the judiciary has interpreted to include various dimensions of digital access.

●      Anuradha Bhasin Case (2020): The Supreme Court recognised that freedom of speech and expression and the freedom to practise any profession or business through the internet receive constitutional protection under Articles 19(1)(a) and 19(1)(g).

●      Pragya Prasun Case (2025): The Supreme Court emphasised digital accessibility and held that excluding persons with disabilities from digital KYC processes violated Article 21.

●      Cricket Association of Bengal Case (1995): The Court recognised that Article 19(1)(a) includes the right to know and receive and impart information.