SC declares internet access a fundamental right for children

NEW DELHI, OCT 17 (AGENCIES): Supreme Court has declared the right to access and use the internet a fundamental right for every individual, including children, under Articles 21 and 19(1)(a) of the Constitution, observing that children’s safety and freedom are not mutually exclusive.
A bench of Justice JB Pardiwala and Justice K Vinod Chandran made the observations while issuing directions to strengthen mechanisms for detecting and removing child sexual exploitation and abuse material (CSEAM) from social media platforms and other online services, LiveLaw reported.
The bench rejected the idea of completely shielding children from the internet to protect them from online harm, stating that denying them access altogether would be unreasonable.
“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,” the court observed, adding that children were entitled to both safety and freedom.
Acknowledging the risks posed by the internet, the court said restricting children’s access because online platforms had failed to detect and remove harmful material would amount to mistaking the victim for the problem.
The bench noted that the right to freedom of speech and expression under Article 19(1)(a) includes the right to know, receive and impart information and ideas.
Describing the internet as a marketplace of ideas, creative expression and information, it said its value extended beyond online content to opportunities for learning, communication and access to information.
“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 platforms for children with special needs, who may find companionship with others facing similar circumstances through the internet.
The bench referred to the Supreme Court’s 2020 judgment in Anuradha Bhasin v. Union of India, which recognised constitutional protection for freedom of speech and expression and the freedom to conduct trade or business through the internet under Articles 19(1)(a) and 19(1)(g). However, the court had then refrained from deciding whether internet access itself constituted a fundamental right.
The bench also cited the 2025 judgment in Pragya Prasun & Ors. v. Union of India, which recognised the right to digital access as a fundamental right under Article 21.