This Article is written by Advocate Supriya Pandey
Abstract
The increasing use of digital technologies has transformed children’s lives by providing opportunities for education, communication, and entertainment. contrary internet has exposed numerous risks such as cyberbullying, online grooming, privacy violations, financial fraud, and online exploitation.
Our country India introduced legal safeguards through the Information Technology Act, 2000, the POCSO Act, 2012, and the Digital Personal Data Protection Act, 2023. This article examines the key online threats faced by children, evaluates the existing legal framework, and highlights the need for extra awareness, regulation, and stakeholder cooperation to ensure a safer digital environment.
1. Introduction
The Internet has become a very important part of modern era, well education, impactful communication , and access to each and every piece of information. The COVID-19 pandemic further made this trend, increasing children’s dependence on digital platforms.
Not only this developments created many opportunities but also exposed children’s risks such as cyberbullying, online grooming, privacy violations, financial scams, and digital exploitation.
Therefore children’s online safety has become an important legal and policy concern. This article critically examines the major risks whatever faced by children, analyses India’s legal framework, and explores measures to strengthen child protection in the digital age.
2.Growing Digital presence of children in India
After analysing digital markets of the world we can come on conclusion that our country have largest market in the world, with millions of children accessing the internet through smartphones and other digital devices. Online learning platforms, gaming have become a regular part of their daily lives.
Continuous use of digital device highlight the need for stronger legal safeguard and responsible digital practices. Ensuring children’s online safety is now an important issue of public policy and social responsibility.
3.Major challenges online risks faced by children
While internet offers numerous benefits, it also exposes children to various risks that can affect their safety, privacy, and well-being.
3.1 Cyber bullying
Here people use digital devices such as social media, messaging apps and online gaming to repeatedly harass, threaten, embarrass, or target another person
3.2 online grooming
Online grooming occurs when children blindly trust someone. And that person misuse and take advantage of that trust and try to do several type of misconduct.
3.3 Online Financial Frauds
Online financial fraud involves digital deception to illegally access your funds or personal data. There are several kind of financial frauds such as phishing, smishing, card wishing.
- Phishing
In this scam attackers deceive people into revealing sensitive information or installing malware such as viruses, worms, adware, or ransomware.
- Smishing
In this scam attackers deliver bait messages. The victim is usually asked to click a link, call a phone number or contact number, or an email address provided by scammer or attacker.
- Vishing
It is called by voice phishing. Usually, voice phishing attacks are conducted using automated text-to-speech systems that direct a victim to call a number controlled by attackers.
3.4 Child Sexual Abuse Material (CSAM)
Apparently we all know very all there are several website or apps which have increased the ease with which exploitative content can be produced and distributed.
3.5 Privacy violations and data exploitation
Children have lack of awareness they are sharing their personal information online without understanding the associated risk. They are literally unaware about the fact that misuse of personal data can lead to identity theft, privacy breaches and other kind of misconduct.
3.6 Risks Associated with Online Gaming
Online gaming encourages interaction and entertainment but may also expose children to cyberbullying, inappropriate communication, excessive screen time, and financial exploitation through in-game purchases. These risks highlight the need for stronger legal protections, greater awareness, and responsible digital practices to ensure children’s safety online.
4. Case study : The bois locker room incident 2020
The Bois locker room controversy refers to the investigation of an instagram group chat called F17 JEE started by a group of schoolboys from Visakha college, Visakha. The group chat’s purpose was to share obscene images/comments of girls and women which lead to public outcry.
Critical analysis – This incident was one of India’s most widely discussed examples of harmful online behaviour involving minors. It exposed significant gaps in digital literacy and ethical awareness among youngsters. This incident showed that legal action alone cannot address online misconduct.
5. Legal Framework for Children’s Online Safety in India
India has developed a legal framework to address children’s online safety through various laws that protect against cyber threats, exploitation, and privacy violations.
5.1 Information Technology Act, 2000
The Information Technology Act, 2000 is the primary law governing cyber activities in India. It criminalizes offences such as identity theft, cyber harassment, cheating through computer resources, and the transmission of obscene content. The Act also provides the legal basis for investigating offences committed through digital platforms.
5.2 Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act, 2012 is a key legislation protecting children from sexual abuse and exploitation. It addresses offences such as online grooming, sexual exploitation, and Child Sexual Abuse Material (CSAM), while providing strict punishments and child-friendly procedures.
5.3 Digital Personal Data Protection Act, 2023
The DPDP Act, 2023 strengthens privacy protection by introducing safeguards for children’s personal data. It requires parental consent for processing children’s data and restricts practices that may harm minors, such as certain forms of behavioral tracking and targeted advertising.
5.4 Information Technology Rules, 2021
The IT Rules, 2021 impose responsibilities on social media platforms and intermediaries. These include due diligence requirements, grievance redressal mechanisms, and measures to address unlawful or harmful online content.
5.5 Constitutional Protection
The Constitution of India supports children’s online safety through Article 21, which guarantees the right to life, privacy, and dignity. The Supreme Court’s decision in Justice K.S. Puttaswamy v. Union of India recognized privacy as a fundamental right. Article 39(f) further directs the State to protect children from exploitation and ensure their healthy development.
Critical Analysis
Although India has multiple laws protecting children online, the framework remains fragmented and largely reactive. A dedicated child online safety law could strengthen prevention, improve enforcement, and address emerging cyber threats more effectively.
6. Landmark judicial intervention : Just Rights for Children Alliance v. S Harish (2024)
In this case the supreme court of India established that mere downloading, viewing or possessing child sexual exploitative and abuse material is a punishable offence. This landmark supreme court judgement overturned the Madras High court’s decision, which previously stated that storing material without proof of transmission or publication was not an offence.
Critical analysis This judgment highlights an important step in addressing modern cyber threats affecting children. However, only legal decision alone can not be resolve of online exploitation.
7. Comparative Perspective: India and the European Union
The European Union is regarded as a global leader in digital privacy and child protection. Under the General Data Protection Regulation (GDPR), organizations must follow strict rules while processing children’s personal data and implement safeguards to protect minors online.
Many European countries also promote the concept of “Safety by Design,” requiring digital platforms to incorporate child safety measures during the development stage. In contrast, India’s Digital Personal Data Protection Act, 2023 provides important protections such as parental consent requirements but remains less comprehensive than the European framework.
European regulations place greater emphasis on platform accountability, risk assessment, transparency, and preventive measures aimed at reducing harm before it occurs.
Critical Analysis
Although India has made significant progress through recent legislative reforms, its regulatory framework is still developing. Adopting stronger child-centric design standards and preventive safeguards could further strengthen children’s online safety and reduce dependence on post-incident enforcement.
8. Challenges in Protecting Children Online
After providing several kind of legal safeguard several challenges continue to affect children’s online safety in India. The major issue is they have lack of digital awareness.
We can all in many cases that children hesitate to report due to fear, humiliation, or social stigma and this kind of behaviour complicates the investigation. As offenders may operate by different jurisdiction.
Additionally encrypted communication platforms, anonymous online identities, artificial intelligence and deep fake technologies create new challenges for law enforcement agencies.
Personal view: In my opinion the biggest challenge is not the lack of laws but the lack of digital awareness about them. Legal safeguards or protection can be effective when children, parents and educators willing to understand online risk and they have to know how to access available support and reporting mechanism.
9. Recommendation and the way forward
Protecting children from internet dangers is a crucial responsibility for parents in the digital age. Here are steps parents can take to ensure their children’s online safety.
- Implement parental control tools and features on device and internet service.
- Periodically review websites or the content on your child’s device.
- Set reasonable limits on screen time and specify which website and apps are allowed.
- Establish an open and communication with your children. Encourage them to talk about their online experience.
- Keep yourself informed about the latest online trends and potential risks.
Teach your children online risks, about the potential dangers online, including cyberbullying, inappropriate content, scams, and the importance of privacy. Make sure they understand the potential consequences of their online actions.
Set age-appropriate boundaries, enforce age-appropriate guidelines for internet use. Many online platforms and services have age restrictions and parents should adhere to these recommendations.
Instruct your children on the importance of strong, unique passwords. Encourage them not to share personal information online, including full names, addresses, school names, and contact details.
Encourage devices use in common areas of the home rather than in bedrooms to facilitate better monitoring.
Demonstrate responsible online behaviour. Children often model this behaviour after their parents, so setting a positive example is crucial.
By taking these proactive steps, parents can create a safer online environment for their children and help them develop responsible digital habits.
10. Conclusion
Apparently this digital age has created various opportunity to learn at the other hand it imposes numerous risk also.
India has strengthened child protection through laws such as the Information Technology Act, 2000, the POCSO Act, 2012, and the Digital Personal Data Protection Act, 2023. Judicial developments like Just Rights for Children Alliance v. S. Harish (2024) have further reinforced children’s online safety.
Inspite of being there kinds of safeguards cyber crime still exist. Not only legal protection can save your child but also education responsible digital practice.
By creating a balanced and proactive approach India can create a safer environment for upcoming generations.
10. References
- Information Technology Act, 2000.
- Protection of Children from Sexual Offences Act, 2012.
- Digital Personal Data Protection Act, 2023.
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1.
- Just Rights for Children Alliance v. S. Harish (2024).
- Ministry of Electronics and Information Technology (MeitY).
- National Commission for Protection of Child Rights (NCPCR).
- UNICEF Reports on Child Online Protection.
- NCRB Cyber Crime Reports.
- European Union General Data Protection Regulation (GDPR).
