Supreme Court upholds children's internet rights, rejects blanket bans (Img: Dynamite News)
New Delhi: Rejecting blanket ban, the Supreme Court said that access to and use of the internet is a fundamental right for every individual, including children, under Articles 21 and 19(1)(a) of the Constitution. The court stressed that protecting children from online dangers cannot come at the cost of denying them their freedoms.
An SC bench comprising Justice JB Pardiwala and Justice K Vinod Chandran made the observations. Bench issued directions to strengthen mechanisms for detecting and removing child sexual exploitation and abuse material (CSEAM) from social media platforms and other online services. The court rejected the argument that keeping children entirely away from the internet was the appropriate way to safeguard them.
The bench made it clear that children's safety and freedom of expression must go hand in hand. It said denying children internet access altogether would be an unreasonable response to the dangers posed by online platforms.
According to LiveLaw, the court observed: "..we have no hesitation in saying that the right to access and use the internet is a fundamental right of every individual under Article 21 read with Article 19(1)(a) of the Constitution. Our children, irrespective of their age enjoy the same rights, and to deny the same altogether would be as absurd as saying children below a certain age do not have a conscience worth protecting or a freedom of speech worth expressing. The safety of our children and their freedom are not at odds with each other. Our children are entitled to both."
While acknowledging that the internet, in its present form, poses risks to children, the court said restricting their access because platforms had failed to identify and remove harmful content would amount to blaming the victims rather than addressing the underlying problem.
The observations came as the court examined whether children should be completely shielded from the internet and social media in the interest of their safety.
The bench emphasised that the right to freedom of speech and expression under Article 19(1)(a) includes the right to know, receive and share information and ideas.
Describing the internet as a marketplace of ideas, creative expression and information, the court highlighted its importance beyond entertainment and social networking. It provides opportunities for education, communication and access to knowledge that might otherwise remain unavailable to many children.
"For many children, particularly in remote areas, it is often the only source of learning and information," the court observed.
The bench also recognised the internet's importance for children with special needs. Online platforms can provide opportunities to connect with others facing similar circumstances, helping them find companionship and support that may be difficult to access offline.
The court's observations underline the need to tackle online abuse through stronger safeguards and effective enforcement rather than imposing restrictions that could deprive children of educational and social opportunities.
The bench also referred to earlier Supreme Court judgments that addressed constitutional protections in the digital space.
In its 2020 ruling in Anuradha Bhasin v. Union of India, the Supreme Court held that "the freedom of speech and expression and the freedom to carry on any trade or business through the medium of the internet is constitutionally protected as a fundamental right under Article 19(1)(a) and 19(1)(g) of the Constitution."
However, that judgment did not express a definitive view on whether access to the internet, in itself, constituted a fundamental right.
The bench also cited the 2025 judgment in Pragya Prasun & Ors. v. Union of India, in which the court recognised the right to digital access as a fundamental right under Article 21.
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The latest observations extend the constitutional discussion by explicitly recognising the right to access and use the internet for children as well as adults.
The court's position places the responsibility on online platforms and enforcement mechanisms to address child sexual exploitation and abuse material while respecting children's fundamental rights. Its message is that safeguarding children and preserving their freedom are complementary responsibilities, not competing objectives.
