India
oi-Ashish Rana
The Supreme Court of India has made it clear that children cannot be completely denied access to the internet in the name of online safety. The court said internet access is a fundamental right protected under Articles 21 and 19(1)(a) of the Constitution. However, it supported suitable safeguards to protect children from online dangers.
The Supreme Court of India declared internet access a fundamental right for children under Articles 21 and 19(1)(a), rejecting complete bans and suggesting parental guidance and platform safeguards instead of blocking access, while also ordering stronger measures against online child abuse material.
A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran made these observations while directing stronger measures to detect and remove child sexual exploitation and abuse material (CSEAM) from online platforms.
Internet Access Is Important For Children’s Education
The bench said the right to freedom of speech and expression includes the right to receive and share information and ideas. It described the internet as an important source of knowledge, learning and creative expression.
“For many children, particularly in remote areas, it is often the only source of learning and information,” the court observed.
It also highlighted the importance of online access for children with special needs, as digital platforms can help them find companionship and connect with people facing similar challenges.
“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the bench said.
#BREAKING #SupremeCourt declares that right to access and use the internet is a fundamental right of every individual, including children.Children, irrespective of their age, enjoy the same right to access and use the internet. https://t.co/nm3zVR79xB
— Live Law (@LiveLawIndia) October 17, 2026
Why The Court Rejected Blanket Restrictions
The Supreme Court said children should not be denied internet access simply because online platforms have failed to remove harmful content. It warned that restrictions could push children towards unregulated websites, exposing them to greater risks.
The bench also noted that children facing online threats or abuse might hesitate to report such incidents if they feared punishment for using the internet.
“Any blanket restriction on the access of internet by children is nothing more than unproven measures of proven disproportionality,” the bench observed.
The court also raised concerns about age-verification systems that could require platforms to collect sensitive personal information.
Supreme Court Suggests Child-Friendly Online Safeguards
Instead of a complete ban, the bench suggested parental consent, guidance and supervision. Possible measures include private accounts by default, restrictions on messages from unknown adults and limits on advertisements and content shown to children.
The court left the details of these safeguards to the Union Government. It clarified that its observations would not prevent restrictions on specific services or content inherently harmful to children, including adult-content websites.
Court Orders Stronger Action Against Child Abuse Material
Alongside its observations on internet access, the Supreme Court directed stronger action against child sexual exploitation and abuse material online.
The measures include creating a comprehensive national database to help identify and remove such material across social media platforms. The court’s observations underline the need to protect children online without denying them access to information, education and communication.
