The Supreme Court has held that access to and use of the internet is a fundamental right of every individual, including children, and that denying children internet access altogether would be unreasonable.
The bench of Justices J.B. Pardiwala and K. Vinod Chandran made the observation while hearing a case concerning measures to tackle child sexual exploitation and abuse material on online platforms.
The court said children are entitled to fundamental rights, including the right to life and personal liberty under Article 21 and freedom of speech and expression under Article 19(1)(a) of the Constitution.
Observing that children’s safety and freedom are not mutually exclusive, the bench said protecting children from online harm should not mean completely restricting their access to the internet.
The court noted that blanket restrictions could push children towards unregulated online platforms and discourage them from seeking help from parents or trusted adults when they face online abuse or exploitation.
It emphasised the need for proportionate safeguards, including parental supervision and stronger online safety measures, rather than a blanket ban on children’s internet access.