Court Directs Authorities to Implement Parental Controls and Enhance Awareness Campaigns
In a significant ruling aimed at safeguarding children from the perils of online pornographic content, the Madras High Court, Madurai Bench, has issued directives for enhanced measures to protect children. The judgment, delivered by a bench comprising Dr. G. Jayachandran and K.K. Ramakrishnan JJ., responds to a public interest litigation filed by petitioner S. Vijayakumar, expressing concern over the easy accessibility of inappropriate content to young children.
The court emphasized the statutory duties of the National Commission for Protection of Child Rights under Sections 13(1)(c) and (j) of the National Commission for Protection of Child Rights Act, 2005. The bench highlighted the need for robust action from authorities, including the implementation of "Parental Window" services by Internet Service Providers (ISPs), as advised by the Union of India.
Despite submissions from various respondents, the court found their efforts insufficient in addressing the issue. The court took note of a similar case heard by the Supreme Court, where suggestions were made to the Union of India regarding the rights of POCSO victims. It was noted that ISPs, governed by specific statutes, are already working under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to block objectionable websites when identified.
Senior Counsel for the petitioner stressed the importance of parental controls and awareness to curb the menace of online pornography. He suggested the Union of India consider legislation similar to recent Australian laws restricting internet use by children under 16.
The court underscored the role of parents in safeguarding their children and urged authorities to enhance awareness campaigns targeting vulnerable groups through various media channels. It encouraged the formulation of an action plan by both state and central commissions to promote child rights literacy effectively.
The judgment concluded with the disposal of the writ petition, urging the Union of India to consider legislative measures and emphasizing the need for swift and effective awareness campaigns.
Bottom Line:
Protection of children from exposure to online pornographic content - Court emphasizes the duty of the authorities under the National Commission for Protection of Child Rights Act, 2005, to spread awareness, ensure parental controls, and implement measures to protect children effectively.
Statutory provision(s): National Commission for Protection of Child Rights Act, 2005 Sections 13(1)(c), 13(1)(j)
S.Vijayakumar v. Union of India, (Madras)(Madurai Bench)(DB) : Law Finder Doc Id # 2828309
