Supreme Court Affirms Internet Access as Fundamental Right for All
The Supreme Court of India has declared internet access a fundamental right, emphasizing children's safety and freedom.
The Supreme Court ruled that internet access is a fundamental right under Articles 21 and 19(1)(a).
The court proposed a 'child mode' for social media to enhance online safety for children.
Restrictions on children's internet access were deemed inappropriate; the focus should be on improving safety measures.
In a landmark ruling on Saturday, the Supreme Court of India recognized the right to access and use the internet as fundamental for every individual, including children. This decision stems from Articles 21 and 19(1)(a) of the Indian Constitution, with the bench comprising Justice JB Pardiwala and Justice K Vinod Chandran stating, "The safety of our children and their freedom are not at odds with each other."
The court's observations came during directives aimed at enhancing mechanisms for identifying and eliminating child sexual exploitation and abuse material (CSEAM) from online platforms. The justices emphasized that denying children access to the internet is as unreasonable as suggesting that children lack the ability to express themselves or deserve protection. They argued that children should enjoy the same rights as adults, including the right to information and expression.
While acknowledging the inherent risks of the internet, the court criticized blanket restrictions on children's access, asserting that such measures misplace the focus by treating the victim as the problem. The bench highlighted that the right to freedom of speech under Article 19(1)(a) encompasses the right to receive and share information, which is crucial for children's learning and development. For many, especially in remote areas, the internet serves as the sole source of educational resources and social interaction.
The court's ruling builds on previous judgments, including the 2020 Anuradha Bhasin case, which affirmed the constitutional protection of freedom of speech and expression through the internet. Additionally, it referenced the 2025 Pragya Prasun case, which recognized digital access as a fundamental right under Article 21. These precedents underscore the judiciary's commitment to safeguarding digital rights in an increasingly online world.
Looking ahead, the Supreme Court's ruling may lead to significant changes in how online platforms manage children's safety. The suggestion of implementing a 'child mode' for social media accounts could pave the way for enhanced protective measures, ensuring that children can safely navigate the digital landscape while enjoying their fundamental rights.
