The Madras High Courtrecently urged the Central government to consider passing a law similar to the recent Australian legislation that bans children under the age of 16 from using Instagram, Facebook, X (formerly Twitter) and other social media platforms.
The Court made the suggestion while disposing of a petition concerning the easy availability of pornographic content on the internet. Filed by a resident of Madurai in 2018, the PIL requested the court to direct internet service providers (ISPs) to create parental control facilities through which parents can prevent their children from being exposed to pornographic content.
What did Madras HC judges say?
After hearing arguments from internet service providers and the petitioner, a bench of Justices G Jayachandran and K K Ramakrishnan observed that while the central government may government explores the possibility of enacting a law like the one passed by Australia, Child rights commission and ISPs should focus on creating awareness campaigns about the menace of child pornography.
“The Union of India may explore the possibility of passing legislation like Australia. Till such legislation is passed, the authorities concerned shall accelerate their awareness campaign more effectively, they shall take the message to the vulnerable group through all available media. We hope that the Commission (for Protection of Child Rights) both at State and in Central will draw an action plan in this aspect and implement the same in letter and spirit,” the court said.
Earlier this year, Australia enacted a law banning children under 16 from creating or holding accounts on social media platforms like Instagram, Facebook, X, and TikTok.
The law places the burden of compliance on the mentioned social media companies who are supposed to make sure that teenagers are not able to create accounts on their platform, failing which they face substantial penalties. The legislation does not penalise children or their parents.
An overview of the case
Appearing for the petitioner, Senior Advocate KPS Palanivel Rajan referred to the recent legislation passed by the Australian government prohibiting use of the internet by children below the age of 16 years and suggested that Centre could also enact similar legislation.
Rajan further argued before the court that the National Commission for Protection of Child Rights and Tamil Nadu Commission for Protection of Child Rights should work with ISPs to create better safeguard mechanisms for teenagers accessing these platforms.
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In their defence, the counsel for the internet service provider companies presented that they are governed by separate law.
Their advocate B Deepa maintained that the necessary actions including blocking of objectionable websites if being undertaken by the companies whenever sites posting such content are brought to the notice of ISP as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Court’s observation regarding the matter
After examining all documents filed before it, the court expressed concern that the child rights commissions were not adequately performing their statutory duties under the National Commission for Protection of Child Rights Act, 2005.
“The Commission has a statutory duty and responsibility to spread child right literacy among various sections of the Society and promote awareness of the safeguards available for protection of these rights. No doubt, certain awareness campaigns go around focusing children at schools. However, the said campaign is not adequate,” the bench said.
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Furthermore, Justices G Jayachandran and K K Ramakrishnan stated that the counter-affidavits filed by the concerned authorities have not assured the court that these bodies are adequately performing their duties.
Taking note that websites hosting child sexual abuse material (CSAM) continue to remain accessible and active, underscoring the need for effective controls at the user end, the court said that such control could be achieved only if parental control applications are available on devices used by children.
“Compulsorily for the said purpose, the end users should be made aware about the menace of child pornography and measures to prevent it. Ultimately, it is 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 bench concluded. |
