The Supreme Court of India has ruled that access to and use of the internet is a fundamental right available to every individual, including children. In a judgment delivered on October 15 and uploaded subsequently, a bench led by Justice J.B. Pardiwala said that completely denying children access to the internet would be unreasonable. The court emphasised that children’s safety and their freedom to access information must be protected together. It also clarified that appropriate age-based restrictions and safeguards may be necessary to protect minors from harmful online content.

Court Says Internet Access Is Essential for Learning and Expression
The Supreme Court observed that the right to freedom of speech and expression under Article 19(1)(a), read with Article 21 of the Constitution, includes the ability to access information and ideas. Describing the internet as an important space for learning, creativity and communication, the bench noted that it is often a vital source of educational resources, particularly for children living in remote areas. However, the court acknowledged that the internet, in its present form, exposes children to various risks and requires effective safeguards. It stressed that preventing children from accessing the internet altogether would not address the underlying problems caused by harmful content and inadequate moderation by online platforms.

The bench also warned that blanket restrictions could have unintended consequences. Children might move to unregulated websites or platforms, potentially exposing themselves to greater risks. The court further observed that minors who experience online threats or exploitation could hesitate to seek help from parents, guardians or trusted adults if they fear punishment for using the internet. According to the judgment, restrictions must therefore be proportionate and supported by evidence rather than imposed indiscriminately.

Case Focuses on Removing Child Sexual Abuse Material
The observations came while the court was considering a public interest litigation filed by the Just Rights for Children Alliance, represented by senior advocate H.S. Phoolka. The petition sought stronger mechanisms to identify and remove child sexual exploitation and abuse material from social media platforms and other online services. The court examined whether completely shielding children from the internet and social media was an appropriate solution to online safety concerns. It concluded that blanket bans were not supported by demonstrated evidence that they make children safer, while recognising the need for effective protections and content moderation.

The ruling comes amid a separate legal debate over whether minors should be allowed to independently create social media accounts. Another Supreme Court bench, led by Chief Justice Surya Kant, recently asked the Centre to formalise statutory rules governing social media platforms and the protection of minors. Solicitor General Tushar Mehta reportedly assured the court that the government would consider provisions in the information technology rules to prevent children under 18 from independently opening social media accounts. The two proceedings address related but distinct questions: protecting children from online harm while determining what restrictions, if any, should apply to their access to digital platforms.