INTRODUCTION
Think about the last time a child in your household picked up a phone and started watching something, maybe a film, a short video, or an online game. No cinema ticket. No cable subscription. Content, on tap. Our young people access audio-visual content through streaming and video-on-demand (VoD) services, apps, and games. This presents a practical problem: who’s going to determine what’s fit for a 7-year-old and a 15-year-old, and is there any role for law in this matter?
The answer has traditionally been age-based ratings. Age-based ratings such as “U” (Universal) or “U/A” (Parental Guidance) help us decide whether a particular film or program is appropriate for our child. Parental control software integrated into devices, operating systems, and applications provides a technology-based approach, such as age-based filters, blocking, and time limits. Behind both sit a legal framework that is still being developed. The policy challenge is how to shield against harmful content without blocking them from information, education, and free speech. Below is a layperson’s guide to the operation of these systems and the law.
LAW OF AGE-BASED FILM AND ONLINE CONTENT RATINGS
Certifying films is a statutory activity in India. The Cinematograph Act, 1952, sets up the Central Board of Film Certification (CBFC), which rates films as “U” (unrestricted), “U/A” (parental guidance for children under 12 years), “A” (adults only), or “S” (special audiences).[1] By law, theatres should comply with these ratings. This is done with a simple intent to assist parents and to prevent children from viewing inappropriate and potentially damaging content. Classification is descriptive; it doesn’t ban speech, it categorises it.
With digital content, the same approach was taken. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 mandate that over-the-top (OTT) platforms in India will self-label content into age-categorised content, provide parental controls, and locks.[2] They have to adhere to a code of practice on content labels and age checks.
The rules still need to coexist with freedom of speech and expression in the nation’s Constitution under Article 19(1)(a).[3] Censorship is not mere rating but is a tool to help us exercise freedom of speech and expression, and not to undermine it.
FILTERS AND LOCKS: PARENTAL CONTROL TECHNOLOGIES
Parental controls are device- or app-based technologies that allow parents to control their child’s online activities. Liturgical means to block content based on the age rating, block websites from thematic categories, limit the time children spend online each day, and track the apps they are using. In India, such controls are required by the IT Rules, 2021.[4]
The legal landscape is murky where software tracks children’s behaviour. The Digital Personal Data Protection Act, 2023, requires that children’s personal data can only be processed where there is “verifiable” parental permission, and that platforms cannot use behaviour tracking in children’s targeted marketing.[5] These provisions have implications for what’s possible with parental control software.
Another issue that is not totally addressed in policy is the dilemma. It is okay to monitor a six-year-old’s TV viewing. What about a 16-year-old’s browsing? Monitoring of older kids’ online behaviour is more sensitive in terms of privacy, and the law is still developing this aspect.
CHILDREN’S RIGHTS ONLINE: PRINCIPLES FOR LAW AND POLICY
Children’s online rights aren’t only about risks. The United Nations Convention on the Rights of the Child (UNCRC), ratified by India in 1992, applies to the online world, including the right to access information and education, to freedom of expression, to privacy, and to protection from exploitation and harmful content.[6]
The UN Committee on the Rights of the Child’s General Comment No. 25 (2021) is about children’s rights in the digital context.[7] It affirms that children should enjoy meaningful access to digital technologies while having safeguards against the risks these might pose. It also brings in the concept of “evolving capacities”; as children develop, they should be given increasing autonomy when making decisions that impact them, including decisions relating to digital technologies. A 10-year-old and a 17-year-old are not equal; in law and in development, and that should be reflected as laws are crafted.
So, a rights-based approach means more than blocking. It requires engagement by making sure children are given age-appropriate digital literacy, engaging children in privacy choices, and not creating rules that inadvertently prevent children from accessing social and educational opportunities.
LOOKING TO THE FUTURE: CHALLENGES AND LEGAL CONSIDERATIONS
A number of factors are elevating this law. AI is increasingly applied to moderate online content, but AI moderation can be inaccurate and is often not transparent or open to challenge. Short-form video, an increasingly popular form of media for children, raises classification challenges for film ratings systems. Deepfakes (synthetic media created by AI) raise risks of illicit and deceptive content not handled by current content schemes.
Online age verification is an intractable problem. So, needing age verification to view restricted content seems like an obvious proposition. But it requires the gathering of sensitive personal information, with the potential to exclude children who don’t have the same sort of ID cards, and security concerns if the data is misused.
The legal landscape, in India and elsewhere, is moving towards greater platform responsibility, increased transparency in age classification, and improved protection of children’s data rights. The DPDP Act, 2023, is taking the right steps locally.[8] The UNCRC General Comment No. 25 is the ongoing international benchmark.[9]
CONCLUSION
Ratings and parental controls are just two pieces of legal machinery aimed at creating a digital media environment for children and their parents that works for all. Ratings help parents make decisions. Parental controls provide tools for making good choices a reality. Privacy law provides guidelines for when and how children’s data can be used. And children’s rights help to ensure that lawmakers understand that access and security go hand in hand.
We are not there yet, in law. It is not to seal off the internet for those under 18. It is to ensure children can play and learn about the platform, by platform, rule by rule, with adequate protections in place.
Author(s) Name: Balla Rajanish (Indian Institute of Management Rohtak)
References:
[1] Cinematograph Act 1952 (India)
[2] Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, r 9
[3] Constitution of India 1950, art 19(1)(a)
[4] Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021
[5] Digital Personal Data Protection Act 2023, ss 9, 10
[6] United Nations Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 arts 13, 16, 17 and 19
[7] UN Committee on the Rights of the Child, ‘General comment No. 25 (2021) on children’s rights in relation to the digital environment’ (02 March 2021) UN Doc CRC/C/GC/25
[8] Digital Personal Data Protection Act 2023, ss 9, 10
[9] UN Committee on the Rights of the Child (n 7)
