Internet freedom & safety for children

What makes internet access important for children?

Internet access has become an important means of exercising several rights and expanding individual capabilities.

• Right to information: Provides access to knowledge, educational resources, and information.
• Freedom of expression: Enables children to express opinions and communicate ideas.
• Creativity and self-expression: Provides platforms for creative activities and learning.
• Social connectivity: Enables interaction with people across geographical boundaries.
• Capability enhancement: Amartya Sen's capability approach views access to digital technology as a means of expanding people's choices and opportunities.

What is the constitutional basis for internet access? 

• Article 19(1)(a) – Freedom of speech and expression
  
• Internet access enables individuals to express opinions and receive and share information.
• In Anuradha Bhasin v. Union of India (2020), the Supreme Court recognised that freedom of speech and expression through the internet is protected under Article 19(1)(a).
• Article 19(1)(g) – Freedom of trade and profession
  
• Internet-based activities also enable individuals to carry out trade, business and professional activities.
• Anuradha Bhasin (2020) recognised the protection of internet-based trade and business under Article 19(1)(g).
• Article 21 – Right to life and personal liberty
  
• In Pragya Prasun v. Union of India (2025), the Supreme Court held that excluding persons with disabilities from digital KYC violated Article 21.
• The Court recognised digital access as an intrinsic component of the right to life.
• Cricket Association of Bengal case (1995): The Supreme Court held that Article 19(1)(a) includes the right to receive and impart information and ideas.

What challenges arise in balancing children's digital freedom with online safety? 

Structural factors

• Tension between freedom and protection
  
• Children require internet access for education, creativity, and expression.
• At the same time, unrestricted access can expose them to harmful content and online exploitation.
• Treating freedom and safety as opposing objectives can result in excessive restrictions.
• Inadequate digital awareness
  
• Children need awareness of online risks to make informed decisions.
• Lack of awareness can increase their exposure to cyberbullying, privacy violations, and fraud.
• Shared responsibility
  
• Online safety cannot be ensured by government restrictions alone.
• Parents, educational institutions, government, and digital service providers all have responsibilities.

Contemporary factors 

• Increasing proposals for screen-time restrictions
  
• Countries such as Australia, Brazil, China, Indonesia, Malaysia, and the UAE have introduced restrictions on children's social media use through different approaches.
• Brazil requires children to link social media accounts to a legal guardian.
• In India, Andhra Pradesh and Karnataka have considered plans to impose screen-time restrictions on children.
• Risk of blanket restrictions
  
• Excessive restrictions can prevent children from accessing educational resources and information.
• They can also limit creativity, communication and opportunities for technological learning.
• The Supreme Court cautioned against blindly adopting international approaches and stressed that the balance must be consciously decided.
• Increasing online exposure
  
• Children are exposed to cyberbullying, harassment, privacy violations and fraudulent activities.
• Ignoring these risks can affect their safety and participation in the digital environment.

How can India balance children's internet freedom with online safety? 

Incremental measures 

• Age-appropriate safeguards
  
• Establish suitable digital boundaries based on children's age and maturity.
• Restrict harmful and obscene content without denying access to useful information.
• Digital awareness
  
• Improve awareness of cyberbullying, online harassment, privacy violations, and fraud.
• Enable children to make informed decisions about their online activities.
• Shared responsibility: Parents, government, educational institutions and digital service providers must coordinate to ensure online safety.
• Responsible action by digital platforms
  
• All stakeholders must take steps to restrict harmful content and act responsibly.
• Preventive measures should be preferred over curtailing children's fundamental rights.

Transformative measures

• Move beyond blanket restrictions
  
• Instead of imposing general restrictions on children's internet access, revisit existing systems to make them safer.
• Ensure that protection mechanisms do not deny children access to educational and developmental opportunities.
• Adopt an authority-liberty coordination approach
  
• Balance State regulation with individual freedom.
• Design safeguards that protect children without undermining their fundamental rights.
• Build a child-sensitive digital ecosystem
  
• Bring together parents, government, educational institutions, and digital service providers.
• Establish age-appropriate boundaries and improve awareness of online risks.

Conclusion:

Children's internet access must be treated as an instrument of knowledge, creativity and self-expression, not merely as a source of risk. India needs a balanced digital governance approach that protects children from online harm without restricting their fundamental freedoms. .