This article has been written by Kathi Thriveni, pursuing a Diploma in Technology Law, Fintech Regulations and Technology Contracts from LawSikho and edited by Shashwat Kaushik.This article provides perspectives on children’s rights in the digital environment.
It has been published by Rachit Garg.
Introduction
The Internet is one of the best and most popular inventions so far. In the world of technology, the internet is both ‘a boon and a bane’; if used right, it is bright; if misused, it is a dark night.
The Internet’s dependence on the planet has grown over time and for better or worse, it has become an intrinsic element of our regime. While the internet can enhance and enable children’s way-in into self-expression opportunities, distance, high-quality academic learning and better scope for social interactions, the digital environment poses some serious threats due to increased exposure, threatening children’s safety and rights. Be it how many measures parents take and supervise, besides the innocence of the younger kids on the risks associated with internet usage, on a daily basis, children are subjected to attacks on the internet and become victims of various cyber-crimes.
Definitions
In the relevant context, we need to look at the definitions of the child and digital environment to analyse the implications on children and their rights in the digital environment. The United Nations Convention on the Rights of the Child defines a ‘child’ as a person under the age of 18 years old.
The term ‘digital environment’ is to be understood as more than just the internet. It includes connected digital technologies and services (like the internet, online gaming, the world wide web, mobile networks, applications, etc.) that provide access to and services for the digital environment, have a recording mechanism and leave behind digital footprints.
Children’s rights in the digital environment
In the context of the digital environment, the article will focus on the following areas of rights for children:
Right to life
The scope of opportunities on digital platforms play a significant role in a child’s development when it comes to their life and survival in vulnerable situations on digital platforms, which include content of violent nature, sexual abuse and exploitation, incitement to life-threating activities by online perpetrators, etc. Exposure to such content and attacks could leave the child in a bad mental state and affect their well-being.
Right to health and well-being
Online platforms can facilitate access to health services and wellness information, opening up significant opportunities for disadvantaged children in vulnerable situations and in remote locations.
Thus, by all appropriate measures, children must be protected from risks to their right to life, survival and development.
Right to access to information
The children on digital platforms are provided with opportunities to help them generate awareness of different social, cultural, sexual, religious and political identities and foster sociocultural cohesion and exchange. The digital environment helps children with disabilities form initial social relationships with their peers and boosts their self-confidence.
Right to education and participation
The digital environment promotes the right to participation and play, essential for their overall self-development. Online platforms are now an affordable medium and offer a plethora of options for children to learn and prosper. The available platforms are very accommodating for their participation at all levels and enable the capacity of self-expression to acquire competencies.
Through research, it is known that children of all ages report that they experienced interest and relaxation by engaging with a wide range of digital products and services of their choice and thus the necessary support must be provided while ensuring that the necessary steps have been taken to prevent the barriers encroaching upon the participation of the children.
Right to privacy
The children’s right to freedom of thought can be exercised to its fullest only when their ‘Privacy’ is protected and respected, as it is important to – safeguard their dignity, for their safety and for the exercise of their other basic rights.
Right to data protection
Out of innocence, children are not much aware of their right to privacy on digital platforms and become targets of unregulated agencies, which collect personal data in the name of fun questionnaires and get to know their physical whereabouts based on online activity, etc. Children’s data collected by law agencies should never be shared with anyone except with the free and willful consent of the children and parents.
Right to be forgotten
The right to privacy implies a corresponding right to be forgotten, i.e., to have data erased that is held about the child and asking the child/parent for their free consent with a provision to withdraw at any time before collecting the information exhibits decency and respect towards the child’s right to privacy.
The right to be safeguarded from exploitation and abuse
While the digital environment may open up all these opportunities for self-development and provide a voice, they also make children susceptible to violence online or may be instigated and influenced to harm others or themselves.
Children should be protected from all forms of exploitation prejudicial to their welfare in the digital environment. Exploitation may occur in many forms, such as economic exploitation, including sexual exploitation and abuse, the sale, trafficking and abduction of children and the recruitment of children to participate in criminal activities, etc.
Children hold the right to be protected under the International Human Rights Conventions like the United Nations Convention on the Rights of the Child and the European Convention on Human Rights.
The right to freedom of expression
While imposing lawful restrictions, it is to be ensured that the children’s right to freedom of expression is not affected. Research shows children find it comfortable to express themselves online, so it is the legal duty of the state to protect the online platforms, which helps in aiding children’s growth and well-being while still allowing them to enjoy their right to expression in the digital environment rather than prevent them from making a presence on digital platforms.
The right to freedom of expression is above the rules/regulations by educational institutions or any other law agencies; thus, any restrictions on this freedom stand illegitimate unless such policies are required by the law of the land and are strictly necessary for national security or public order purposes.
Right to be heard
When it comes to cyber-crimes the children will be exploited and abused by anonymous users by penetrating through the protective shield provided by their parents. The children on digital platforms are lured into revenge porn, sexting, etc.; their humiliation can go public, profoundly impacting their mental health and well-being.
The legal onus is on the state authorities and policymakers to recognise the children’s right to expression in both international and domestic laws, safeguard them from abuse and try to make digital platforms a safe place rather than preventing them from accessing them. Children have a right to freedom of expression; however, considering these attacks, they shouldn’t be deprived of their rights but instead accommodate them to present their views and provide them with the right to be heard in all matters affecting them.
Latest trends
The Council of Europe has made and is making efforts to protect the right to privacy of children, with a special focus on the right to data protection, especially in the educational setting. This has further intensified as a result of a declaration by the Consultative Committee of the Convention in the context of addressing the challenges faced in an educational setting and issuing Guidelines on Children’s Data Protection. The Council of Europe has released a handbook for policymakers regarding children’s rights in the digital environment.
Suggestions
A few principles, as listed below broadly, that, if applied consistently, would optimally reduce the need to prevent children from having access to the digital environment and would protect them and their rights in digital space:
- Ensuring the equitable enjoyment of the rights of children online.
- Awareness sessions for children on their digital rights and risks.
- Abiding by and respecting free and willful consent.
- Making sure that children are given the right to be heard.
- Providing Access to Justice – to lodge complaints/grievances.
Conclusion
The digital environment was not designed solely for children; yet, it plays a significant role in their lives in various forms, as discussed. Each day, they might have to face a new challenge and it becomes an impossible task to keep them protected, either for their parents or for the state. However, by using digital literacy among parents/guardians and guardians as well as children, by instilling good online practises, by reminding the children about the safety measures they need to follow while making an online presence, and by raising awareness among unwanted online social behaviour patterns, we can ensure that the children are not falling into any potential dangers online.
The dynamic concept of “best interests of children” should be the primary consideration and the necessary safeguards should be provided without necessitating the curtailing of children’s rights on digital platforms.
References
- https://www.unicef.org/child-rights-convention/convention-text
- https://rm.coe.int/t-pd-2019-6bisrev5-eng-guidelines-education-setting-plenary-clean-2790/1680a07f2b
- https://rm.coe.int/guidelines-to-respect-protect-and-fulfil-the-rights-of-the-child-in-th/16808d881a
- https://rm.coe.int/council-of-europe-strategy-for-the-rights-of-the-child-2022-2027-child/1680a5ef27
- https://rm.coe.int/internet-literacy-handbook/1680766c85
- https://www.apc.org/en/blog/inside-digital-society-childrens-rights-digital-society
- https://childrens-rights.digital/einstieg/index.cfm
- https://www.outlookindia.com/business-spotlight/internet-use-by-younger-kids-news-193313.
- https://www.thehindubusinessline.com/info-tech/66-mn-internet-users-in-india-aged-between-5-and-11-years/article29518418.ece.
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