- Supreme Court: Internet access is a fundamental right for children.
- Denying internet access doesn’t solve online safety risks.
- Court suggested age-appropriate safeguards and parental supervision for children.
- Stronger action directed against child sexual exploitation material online.
The Supreme Court has held that access to the internet is a fundamental right available to children as well, observing that completely cutting them off from the digital world cannot be the answer to concerns over their online safety.
A bench of Justice J B Pardiwala and Justice K Vinod Chandran made the observations while hearing a petition raising concerns over child sexual exploitation content on social media and other online platforms. The court also directed measures to strengthen the identification and removal of such material.
The bench emphasised that children’s safety and freedom must be protected together, noting that the two are not mutually exclusive. It also suggested age-appropriate safeguards for children’s internet use, leaving it to the Centre to determine how these measures could be implemented.
Internet Access Protected Under Articles 21, 19(1)(a)
In its judgment, the court recognised internet access as a fundamental right under Articles 21 and 19(1)(a) of the Constitution, which protect the right to life and personal liberty and freedom of speech and expression, respectively.
The bench observed that keeping children entirely away from the internet would not resolve the risks they face online. Instead, it said, the dangers associated with children’s internet use reflected shortcomings on the part of online platforms that needed to be addressed.
The court also cautioned that imposing excessive restrictions could have unintended consequences. Children might continue accessing the internet through unregulated platforms, potentially exposing themselves to greater risks.
Strict restrictions could also discourage children from approaching their parents or other trusted people to report online threats, exploitation or abuse, the bench noted.
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Internet Important For Learning, Expression And Inclusion
The Supreme Court highlighted the role of the internet in providing access to information, ideas and creative expression.
For children living in remote areas, online access could be their only means of obtaining information and educational resources, the bench observed. It also noted that the internet enables children with special needs to connect with others facing similar experiences.
The court referred to its 2020 judgment in Anuradha Bhasin and its 2025 judgment in Pragya Prasun, noting that these rulings had recognised principles relating to freedom of expression and digital access.
Supreme Court Suggests Age-Based Online Safeguards
While underscoring children’s right to internet access, the bench called for safeguards tailored to their age and vulnerabilities.
Among the measures suggested by the court were parental consent and supervision for children’s social media accounts. It also proposed that children’s accounts could be set to private by default to prevent unrestricted contact from strangers.
Other suggestions included placing controls on advertisements and content displayed to children, along with introducing a separate ‘child mode’ for younger users.
The bench clarified that these were suggestions and that the central government would decide how to implement them. It also said the government could impose reasonable restrictions to protect children from harmful material and services, including adult content.
Court Directs Stronger Action Against Child Sexual Abuse Content
Alongside its observations on children’s digital rights, the Supreme Court issued directions to strengthen the mechanisms used to identify and remove online material linked to child sexual exploitation and abuse.
The measures include creating a national database to help identify and remove objectionable content hosted on social media platforms.
The court’s directions seek to address the risks children face online while ensuring that protective measures do not result in a blanket denial of their access to the internet.
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