Safe From Whom? The Price Of Protecting Children Online
Bibhanshu Baibhav, B.A.LL.B. (Hons.), UILS, Chandigarh University, Punjab
ABSTRACT
The rise in the dangers of online manipulation and abuse and exposure to unsuitable material has made the debate around the protection of children in cyberspace an important one. But while methods that guarantee the online safety of children can themselves be at odds with children’s constitutional rights of free speech, access to information, and privacy, the objective of such regulations remains. In this essay, the constitutional issues around restrictions of children’s internet usage will be explored, with focus specifically on the judgment in Just Rights for Children Alliance v. S. Harish and the principle of proportionality in K.S. Puttaswamy v. Union of India. At the same time, privacy implications of the age verification systems and parent consent under Section 9 of the Digital Personal Data Protection Act, 2023 will be considered as well. The goal here will be to demonstrate that, far from being always the most effective measure in the protection of children in cyberspace, outright bans might limit children’s access to learning and information too much. The need instead would be for a rights- focused system of protection, which involves data minimization, proper privacy settings according to age, prevention of contact by unsolicited persons, strong content regulation and easy-to-access channels for reporting.
