The court has extended its crackdown to paywalled services and algorithmic recommendations, while recognising internet access as a fundamental right for children.
The Supreme Court of India has tightened its scrutiny of social media platforms over the spread of child sexual abuse material, directing the government and digital intermediaries to ensure that such content is not hosted, shared or monetised in any form. According to the court’s order, the obligation extends beyond open platforms to subscription-based services and paywalled material, which cannot be used as a cover for illegal distribution. The bench of Justices J.B. Pardiwala and K. Vinod Chandran said child protection must be treated as a non-negotiable duty of online services, not a discretionary policy choice.
In the same proceedings, the court also recognised access to the internet as a fundamental right, including for children, while rejecting any blanket age-based ban on online use. NDTV reported that the judges instead called for stronger parental controls, child-mode settings and more effective removal of abusive material from social media. The ruling reflects the court’s attempt to balance digital access with the need to protect minors from exploitation.
The bench was sharply critical of the slow pace of compliance since its earlier directions in 2024. India Today and other outlets reported that the court said there had been little visible progress despite repeated warnings, and that the authorities and platforms had not done enough to stop the circulation of child sexual exploitation and abuse material. The court gave the Centre a further opportunity to explain what steps had been taken, after noting that earlier responses from the relevant ministries had not been filed on time.
A central concern for the judges was the way platform algorithms can obscure rather than eliminate harmful content. The court said automated recommendation systems may guide users towards illicit material through indirect links, making enforcement more difficult and allowing offenders to avoid scrutiny. The order referred to provisions under the Protection of Children from Sexual Offences Act and the Information Technology Act, and stressed that platforms must improve detection systems, prevent repeated circulation and strengthen reporting and takedown mechanisms.
According to NyayVidhan, the court also ordered a more practical framework for enforcement, including a national hash and URL database for known abusive material, rapid reporting obligations and tighter grievance procedures. India Today reported that the judges also pressed for immediate removal of known content and stronger safeguards against monetisation. The broader message of the ruling is that child safety online must be backed by technical systems, legal compliance and coordinated state action, rather than by reactive moderation alone.
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