The Supreme Court on 17 July 2024 ruled that every person’s right to access and use the internet is a fundamental right, extending the guarantee to children of all ages.
Justice J B Pardiwala and Justice K Vinod Chandran, sitting as a bench, based their conclusion on Article 21, which secures life and personal liberty, and Article 19(1)(a), which protects freedom of speech and expression.
The observation emerged during proceedings on an application concerning child sexual exploitation and abuse material online. The court examined whether minors should be barred from the internet and social media, and rejected the notion of a blanket ban.
“Cutting children off the net would be as absurd as claiming they lack conscience or a voice,” the bench said, stressing that safety and freedom are not mutually exclusive. A total prohibition, it argued, merely drives young users to unregulated corners where dangers intensify.
Judges warned that forcing platforms to verify every user’s age would create a massive privacy burden, requiring continual collection of sensitive data and raising the risk of surveillance.
Instead, the court suggested a framework centred on parental consent and supervision. A dedicated “child mode” could make accounts private by default, block unknown adults, and filter advertisements and content. The government would design the system, with the option to restrict access to inherently harmful services such as adult‑content sites.
Highlighting the internet’s role in education, the bench noted that for children in remote villages it often serves as the sole window to learning, and for those with special needs it provides a unique community.
The ruling builds on the 2020 Anuradha Bhasin versus Union of India judgment, which protected online speech and trade, and on the 2025 Pragya Prasun versus Union of India decision that treated digital access as a fundamental right under Article 21. The current case, Just Rights for Children Alliance and another versus S Harish and others, also ordered measures to detect and remove child sexual exploitation material.
Image: siasat.com
📰 Source: Siasat Gulf