'Children Have Fundamental Right To Access And Use The Internet': SC Rejects Blanket Age-Based Bans

The Supreme Court of India has held that access to and use of the internet is a fundamental right under the Constitution, extending to every individual, including children irrespective of their age. The court emphasised that protecting children from online harm cannot come at the cost of denying them access to information and freedom of expression.

A bench of Justices J.B. Pardiwala and K. Vinod Chandran delivered the judgment on October 15, 2026, 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. The judgment was released publicly around October 17.

In a significant observation, the bench rejected the idea that children should be denied internet access altogether in the name of safety, stressing that their constitutional freedoms must be protected alongside measures to prevent online exploitation.

“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the court observed.

Internet Access A Fundamental Right Under Articles 21 And 19(1)(a)

The bench explicitly recognised the right to access and use the internet as a fundamental right under Article 21, which protects life and personal liberty, read with Article 19(1)(a), which guarantees freedom of speech and expression.

“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,” the court stated.

Emphasising that the right extends to children of all ages, the bench said denying them access altogether would be equivalent to suggesting that children below a certain age have no conscience worth protecting or freedom of speech worth expressing.

The court described the internet as a marketplace of ideas, creative expression and information. It noted that the freedom of speech and expression also encompasses the right to know, receive and impart information.

For many children, particularly those living in remote areas, the internet can be an important source of learning and information. The court also highlighted its role in helping children with special needs find companionship and connect with others who share similar experiences.

Supreme Court Rejects Blanket Age-Based Internet Restrictions

Addressing calls for stricter age-based restrictions on children's internet use, the bench held that blanket bans were disproportionate and lacked demonstrated evidence of effectiveness.

The court observed that prohibiting children from accessing the internet would not necessarily make them safer. Instead, they could migrate to unregulated platforms and websites where harmful content and online threats may be harder to monitor.

It also warned that children who experience online enticement, threats or exploitation might hesitate to report such incidents if they feared punishment for violating internet access restrictions.

The bench further raised concerns about mandatory age-verification systems that require the continuous collection and monitoring of sensitive personal information, potentially increasing privacy and surveillance risks.

The court observed that no jurisdiction had demonstrated that blanket restrictions had made children safer.

‘Protect Children, Not Punish Them’: Court Stresses Platform Accountability

The judgment placed emphasis on addressing harmful content and holding those responsible for it accountable, rather than restricting children's access to the internet because of failures by online platforms.

The bench observed that the response to online exploitation should focus on preventing abuse, strengthening content moderation and ensuring that harmful material is detected and removed.

The court's directions seek to strengthen mechanisms for identifying and removing CSEAM across social media platforms and other online services. The broader objective is to improve the systems through which such material is detected, reported and taken down.

The ruling therefore places the issue of online child safety within a wider framework of platform responsibility, enforcement and proportionate regulation, rather than treating the exclusion of children from the internet as the default solution.

Court Leaves Room For Child Safety Measures

While rejecting blanket restrictions, the Supreme Court clarified that its ruling does not prevent the introduction of reasonable safeguards to protect children online.

The bench discussed measures such as parental consent, guidance and supervision, along with dedicated “child mode” settings for social media accounts. Such features could help regulate children's exposure to harmful material while preserving their ability to access age-appropriate information and services.

Other possible safeguards include making children's accounts private by default, restricting messages and contact from unknown adults, and strengthening moderation of advertisements and content accessible to minors.

The court also clarified that its observations do not prevent the government from restricting children's access to specific categories of content or services that are inherently harmful to them, including adult-content websites.

The focus, therefore, is on proportionate safeguards tailored to children's needs rather than a blanket denial of their digital rights.

How The Judgment Builds On Earlier Digital Rights Rulings

The ruling builds on earlier Supreme Court judgments that recognised constitutional protections in the digital sphere.

In Anuradha Bhasin v. Union of India (2020), the court recognised that freedom of speech and expression, as well as the freedom to carry on trade or business through the internet, receives constitutional protection.

In Pragya Prasun v. Union of India (2025), the court recognised digital access as an aspect of the fundamental right to life under Article 21.

The latest judgment goes further by expressly recognising the right to access and use the internet as a fundamental right for every individual, including children of all ages.

The decision comes amid wider debates in India and internationally over children's social media use, age verification, online exploitation and the responsibilities of technology companies.

By rejecting blanket age-based bans while allowing proportionate safeguards, the Supreme Court has emphasised that online safety and fundamental freedoms must be protected together.