Madras HC Urges Centre To Pass Australia Like Law Prohibiting Use Of Internet By Children Below 16 Years
The court also said that as the vulnerability amongst children is high, so the parents' responsibility is higher.
The Madras High Court suggested Union of India to pass a similar legislation like Australia, which recently prohibited the use of the internet by children below the age of 16 years, to control the menace of obnoxious pornographic material accessible to children.
The Court also said that a dynamically updated website – URLs containing online CSAM are available and active; however, there must also be control at the user end, which can be achieved only if there is a parent control app available on the device.
The Division Bench of Justice G. Jayachandran and Justice K.K. Ramakrishnan observed, “From the submissions made by the learned Counsels as well as the order passed by the Union of India dated 18.04.2017, we understand that a dynamically updated website – URLs containing online CSAM are available and active. However, there must also be control at the user end which can be achieved only if there is a parent control app available in the device. 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. As suggested by the learned Counsel for the writ petitioner, Union of India may explore 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 medias. We hope that the Commission both at State and in Central will draw an action plan in this aspect and implement the same in letter and spirit.”
Senior Advocate K.P.S. Palanivel Rajan appeared on behalf of the Petitioner, whereas Additional Government Pleader J. Ashok appeared for the Respondents.
Facts of the case
A Public Interest Litigation was filed by the Petitioner, concerned with the pornographic content available on virtual sources and easily accessible to young children, for issuance of a Writ of Mandamus to the Member Secretary, National Commission for Protection of Child Rights and Tamil Nadu Commission for Protection of Child Rights, to invoke their power vested under Section 13(1)(c) and (j) of “the National Commission for Protection of Child Rights Act, 2005” ['the Act'] and direct the Internet Service Providers [ISP] companies to provide “Parental Window” service as stipulated by communication of the Union of India.
Contention of the Parties
The Petitioner submitted that the Commission has a statutory duty and responsibility to spread child rights literacy among various sections of the Society and promote awareness of the safeguards available for the protection of these rights. No doubt, certain awareness campaigns go around focusing on children in schools. However, the said campaign is not adequate, he said. The Petitioner emphasised that awareness of the stakeholders and parental controls in the device will substantially control the menace of obnoxious pornographic material accessible to the children.
Observations of the Court
The Court said, “Considering the submission of the learned Senior Counsel for the Writ Petitioner, Special Government Pleader and others over this serious issue concerning children, we find, when a similar situation came before the Hon'ble Supreme Court in the case of Just Rights For Children Alliance and Another Vs. S.Harish and others reported in 2024 SCC Online SC 2611, the Hon'ble Supreme Court has formulated suggestions to the Union of India and other stake holders, in respect of the rights of POCSO victims. As far as Internet Service Providers [ISP] are concerned, they are governed by separate statute and the Counsel appearing for some of the ISPs submits that periodically the intermediaries review the situation and pursuant to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, necessary actions taken and whenever it is brought to the notice of the concerned ISP regarding objectionable websites, the said websites are blocked.”
Accordingly, the Court disposed of the petition.
Cause Title: S Vijayakumar v. Union of India and Ors [W.P.(MD) No. 23323 of 2018]
Appearances:
Petitioner: Senior Advocate K.P.S. Palanivel Rajan and Advocate K. Prabakaran
Respondents: Additional Government Pleader J. Ashok, Advocates B. Deepa, Chevanan Mohan, Madhan Babu, R.G.Shankar Ganesh and M.D. Poornachare