Current Affairs · · Prelims · Polity

Supreme Court push for parental consent tests children's right to go online

The Supreme Court has asked the Centre to examine parental consent and a "child mode" for minors on social media, and issued directions on removing child sexual abuse material. An Indian Express editorial warns that consent rules can make a child's internet access conditional. The challenge is to protect children without shutting them out.

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  1. Note1 / 5

    WHY IN NEWS?

    • The Supreme Court has asked the Union government to examine parental consent for minors using social media.
    • It suggested a "child mode": private accounts by default, curbs on contact from unknown adults, and moderated advertising and content.
    • It left the details to the Union government.
    • It also directed steps against child sexual abuse material, including a national database of known material and time limits for removal.
    • An Indian Express editorial argues this could make children's internet access depend on parental approval.
  2. Note2 / 5

    THE COURT'S MAIN DIRECTIONS

    These are as reported in the editorial's summary.

    • National database: Create a National Hash and URL List Database of known abuse material, with entries confirmed by trained human reviewers.
    • Speed: Report removals within two hours and acknowledge complaints within 24 hours.
    • Penalties: Consider exemplary fines, and forfeit revenue earned from such material.
    • Harmful content: The Union may restrict children's access to content inherently harmful to them.
  3. Note3 / 5

    KEY CONCEPTS

    1. Is privacy a fundamental right?

    Yes. In K.S. Puttaswamy v. Union of India (2017), the Supreme Court held privacy to be part of Article 21.

    1. What does the DPDP Act, 2023 say about children?

    Firms must get verifiable consent from a parent or guardian before processing a child's personal data. They may not track children's behaviour or target ads at them. A "child" means anyone under 18.

    1. What is a hash database?

    A hash is a digital fingerprint of a file. Platforms compare uploads against a list of known hashes to detect and block abuse material without anyone viewing it again.

    1. What other laws protect children online?

    The POCSO Act, 2012 and Section 67B of the IT Act, 2000 criminalise sexual content involving children.

  4. Note4 / 5

    THE DEBATE

    This card sets out documented positions. It does not adjudicate between them.

    • For stronger consent rules: Children face grooming, harmful content and data harvesting. Parents are best placed to guide them.
    • Against blanket consent: It may block access to education, information and support, especially for children without supportive parents.
    • Privacy risk: Age verification may force everyone to hand over more personal data.
    • Exclusion risk: Children without formal ID or digitally literate parents may be shut out.
    • Common ground: Fast removal of abuse material is widely supported.
  5. Note5 / 5

    WAY FORWARD

    These are the editorial's suggestions, not adopted policy.

    • Design safety into platforms through private-by-default settings, rather than relying only on consent.
    • Use age-appropriate rules that give older teenagers more autonomy.
    • Minimise data collected for age checks.
    • Keep access open for education and help services.

Sources

Syllabus

PaperSubjectSub-topic
PrelimsPolityDPDP Act 2023, Article 21, POCSO, right to privacy and children's online safeguards
GS2PolityFundamental rights, rights of children, judiciary and government policy
GS3Science & TechnologyCybersecurity, online safety and data protection

Topics

Fundamental RightsGovernanceInformation and Communication Technology

Related previous-year questions

Asked in earlier UPSC Prelims papers on this topic. Answer, then check.

  1. UPSC Prelims 2018 · Polity · Fundamental Rights

    Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

    1. Article 14 and the provisions under the 42nd Amendment to the Constitution
    2. Article 17 and the Directive Principles of State Policy in Part IV
    3. Article 21 and the freedoms guaranteed in Part III
    4. Article 24 and the provisions under the 44th Amendment to the Constitution
    Show answer

    Answer: C. Article 21 and the freedoms guaranteed in Part III are the correct reference, so the answer is (c). In K. S. Puttaswamy and others versus Union of India and others, the Supreme Court held that the right to privacy is an integral part of the right to life and personal liberty guaranteed by Article 21, adding that the right to privacy is intrinsic to the entire fundamental rights chapter of the Constitution. Option (c) captures both halves of that holding, the specific Article and the wider Part III. The distractors pair an unrelated Article with an unrelated amendment or Part. Article 14 concerns equality, Article 17 abolishes untouchability, and Article 24 prohibits child labour in hazardous employment, and none of these was the basis of the privacy judgment. SOURCE: The Hindu resource page on the Supreme Court verdict on the right to privacy. HOW TO CRACK IT: The stem quotes the judgment's own language, right to life and personal liberty, which is the heading of Article 21, so the answer is signposted in the question itself. Read the stem for constitutional phrases that map directly onto an Article, since UPSC often embeds the answer in the wording. Learn the landmark judgment together with the Article it construes.

    Difficulty: easy · direct

    Open this question on its own page, with the full explanation →

  2. UPSC Prelims 2019 · International Relations and Current Affairs · Current Affairs

    Which of the following adopted a law on data protection and privacy for its citizens known as 'General Data Protection Regulation' in April 2016 and started implementation of its from 25th May, 2018?

    1. Australia
    2. Canada
    3. The European Union
    4. The United States of America
    Show answer

    Answer: C. General Data Protection Regulation (GDPR) aims to protect all European Union (EU) citizens from data breaches. The regulation was approved by the EU Parliament in April 2016 after about four years of preparation and debate, and came into effect on May 25, 2018. Australia, Canada, and the United States of America have their own data protection laws but none of them is called GDPR. GDPR is specifically a European Union regulation. Correct answer: The European Union → Option (c).

    Difficulty: easy · direct

    Open this question on its own page, with the full explanation →

  3. UPSC Prelims 2021 · Polity · Fundamental Rights

    Right to Privacy' is protected under which Article of the Constitution of India?

    1. Article 15
    2. Article 19
    3. Article 21
    4. Article 29
    Show answer

    Answer: C. In K. S. Puttaswamy Case (2017), Supreme Court of India has held that right to privacy is a Fundamental Right and it is protected under Article 21 of the Constitution of India. The Court reasoned that privacy is an incident of fundamental freedom or liberty guaranteed under Article 21. The Court overruled M.P. Sharma, and Kharak Singh judgements, in so far as the latter did not expressly recognize the right to privacy. Hence option (c) is the correct answer.

    Difficulty: easy · direct

    Open this question on its own page, with the full explanation →

  4. UPSC Prelims 2024 · Polity · Fundamental Rights

    Under which of the following Articles of the Constitution of India, has the Supreme Court of India places the Right to Privacy?

    1. Article 15
    2. Article 16
    3. Article 19
    4. Article 21
    Show answer

    Answer: D. The Supreme Court of India in Justice K.S. Puttaswamy (Retd) vs Union of India has declared that the Right to Privacy is a fundamental right under Article 21. In doing so, the Supreme Court overruled verdicts given in the M.P. Sharma case in 1958 and the Kharak Singh case in 1961, both of which had held that the right to privacy is not protected under the Indian Constitution. Article 21 guarantees protection of life and personal liberty, and the Right to Privacy has been placed under this article. Hence option (d) Article 21 is the correct answer.

    Difficulty: easy · direct

    Open this question on its own page, with the full explanation →

Practice questions

  1. Under the Digital Personal Data Protection Act, 2023, a "child" means a person who has not completed:

    1. 13 years
    2. 16 years
    3. 18 years
    4. 21 years
    Show answer

    Answer: C. Verifiable parental consent is needed to process data of anyone under 18.

    Difficulty: easy · statement

  2. The right to privacy was declared a fundamental right in:

    1. Maneka Gandhi v. Union of India
    2. K.S. Puttaswamy v. Union of India
    3. Shreya Singhal v. Union of India
    4. Navtej Singh Johar v. Union of India
    Show answer

    Answer: B. The nine-judge Bench held privacy to be part of Article 21 in 2017.

    Difficulty: easy · statement

  3. Consider the following statements: 1. The DPDP Act, 2023 bars targeted advertising directed at children. 2. A hash database lets platforms detect known abuse material without viewing it again. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both
    4. Neither
    Show answer

    Answer: C. Both reflect the Act's child-data safeguards and standard detection technology.

    Difficulty: medium · statement

Mains practice

Answer-writing practice on this article. Attempt it first, then open the hints.

  1. GS2 · 250 words

    "Protecting children online should not mean excluding them from it." Discuss with reference to parental consent requirements and India's data protection framework.

    Show hints
    1. Article 21 and Puttaswamy
    2. DPDP Act Section 9
    3. safety by design
    4. age verification and privacy
    5. exclusion risk, evolving autonomy.