Chennai (Tamil Nadu) [India], December 26 : The Madurai Bench of the Madras High Court has recently recommended that the Union government consider enacting legislation to regulate internet usage by children. Until such a decision is taken, the court said the State and National Commissions for Protection of Child Rights (NCPCR) should formulate an action plan to create awareness among children about their rights and safe internet practices.
A Bench comprising Justices G. Jayachandran and K.K. Ramakrishnan made these observations while hearing a Public Interest Litigation (PIL) filed in 2018 by S. Vijayakumar. The petitioner had sought directions to internet service providers (ISPs) to offer a 'parental window' facility and to conduct awareness programmes for children through the concerned authorities.
Vijayakumar's counsel, K.P.S. Palanivel Rajan, submitted that the plea was filed in view of the easy accessibility of pornographic content to children on the internet and the urgent need to safeguard them from harmful online exposure.
Rajan further stated that the Commission has a statutory duty and responsibility to spread awareness about child rights literacy among various sections of society and to promote awareness of the safeguards in place to protect these rights. "Undoubtedly, some awareness campaigns focusing on children are being carried out in schools. However, the efforts are not sufficient," he added.
Referring to the new law introduced by the Australian government that prohibits children below the age of 16 from holding social media accounts, he said that a similar legislation could be considered in India as well.
Meanwhile, advocate Chevanan Mohan, appearing for the internet service providers (ISPs), submitted that intermediaries periodically review the situation and, in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, take necessary action, including blocking objectionable websites, whenever such content is brought to the notice of the concerned ISPs.
Hearing both sides, the judges said that though websites are updated, there should be control at the user end, and it can be achieved only if there is a parental control app available on the device. For this, the end users should be made aware of the menace of child pornography and measures to prevent it, they added. While it's the individual choice and right to access such obnoxious material or to avoid it, as far as children are concerned, the vulnerability is high, so the parents' responsibility is higher, the court observed.
Taking note of Rajan's reference to the Australian legislation, the judges observed that the Union government may explore the possibility of enacting a similar law in India. Until such legislation is brought into force, they said the authorities concerned should intensify and implement awareness campaigns more effectively.
"We hope that both the State and Central Commissions will draw up an action plan in this regard and implement it in letter and spirit," the Bench added, before disposing of the petition.