Children cannot be shut out of the digital world in the name of online safety, the Supreme Court has ruled, declaring that access to and use of the internet is a fundamental right available to everyone, regardless of age.
In a significant judgment delivered on October 15, a Bench comprising Justices JB Pardiwala and K Vinod Chandran held that children enjoy constitutional protections under Article 21, which guarantees life and personal liberty, and Article 19(1)(a), which protects freedom of speech and expression.
The ruling comes amid growing concerns over children's exposure to harmful online content, cyber bullying, sexual exploitation and the influence of social media platforms.
The court made it clear that protecting children from digital threats should not come at the cost of denying them access to the internet altogether.
The Supreme Court observed that children possess the same fundamental rights as adults, even though reasonable safeguards may be necessary to protect them from online harm.
The Bench said denying internet access solely on the basis of age would undermine children's freedom of expression, access to information and opportunities for learning.
It stressed that ensuring children's safety and protecting their constitutional freedoms were not competing objectives.
The judges also acknowledged that the internet, in its present form, exposes children to serious risks. However, they maintained that restricting access was not an appropriate substitute for making digital platforms safer.
According to the court, measures intended to protect young users should focus on harmful material and those responsible for creating, distributing or facilitating it, rather than treating children themselves as the problem.
The judgment highlighted the possible unintended consequences of prohibiting children from accessing the internet or social media platforms.
A blanket restriction could push young users towards unregulated websites and digital services that offer fewer safeguards and expose them to greater risks.
The court also recognised that children who encounter online abuse might hesitate to seek help from parents or other trusted adults if they fear punishment for accessing prohibited platforms. Such restrictions could therefore make it more difficult to identify and address online exploitation.
The Bench emphasised that internet access plays a vital role in education, communication and personal development. For children living in remote areas, online resources may provide essential access to learning opportunities and information unavailable locally.
Similarly, children with disabilities or special needs may depend on digital communities to connect with others, develop friendships and find emotional support.
While opposing blanket restrictions, the Supreme Court recognised the need for stronger safeguards to protect minors in digital environments.
The Bench outlined several possible measures that could allow children to use online platforms more safely without undermining their fundamental rights.
These include parental consent and supervision, dedicated child-mode accounts, privacy settings enabled by default and restrictions preventing unknown adults from contacting minors.
The court also highlighted the need for stronger moderation of advertisements and content accessible to young users. Such protections could be particularly relevant for pre-teen users, with parental consent verified through reasonable and proportionate mechanisms. The court left the details of implementing these safeguards to the Union government.
Importantly, the judgment does not prevent authorities from restricting children's access to specific categories of harmful content or services, including adult-content websites.
The ruling could have important implications for social media companies, online gaming services, video-sharing applications and other digital platforms catering to younger audiences.
Rather than relying solely on age-based exclusions, platforms may need to place greater emphasis on child safety features, content moderation and privacy protections.
The court's observations also reinforce the importance of identifying and removing child sexual exploitation and abuse material from online platforms.
In the proceedings arising from Just Rights for Children Alliance and another v. S. Harish and others, the Supreme Court issued directions aimed at strengthening mechanisms to detect, report and remove such material, including measures to improve coordination across platforms.
The judgment consequently places greater emphasis on the responsibilities of technology companies and regulatory authorities to create safer online environments.
The latest ruling builds on constitutional principles recognised by the Supreme Court in its 2020 judgment in Anuradha Bhasin v. Union of India.
In that case, the court held that freedom of speech and expression, as well as the freedom to carry on trade or business through the internet, enjoyed constitutional protection under Articles 19(1)(a) and 19(1)(g).
However, the 2020 judgment did not decide whether internet access itself constituted an independent fundamental right.
The latest Bench has gone further by expressly recognising the right to access and use the internet under Article 21 read with Article 19(1)(a), including for children.
For policymakers, parents and technology companies, the judgment establishes an important principle: protecting children online requires stronger safeguards against digital harm, not their complete exclusion from the digital world.