The Supreme Court of India has declared that the right to access and use the internet is a fundamental right available to every individual, including children, under Article 21 read with Article 19(1)(a) of the Constitution. The Court emphasised that protecting children from online harm must not come at the cost of denying them access to digital spaces.
A Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran made these observations while considering measures to strengthen the detection and removal of Child Sexual Exploitation and Abuse Material (CSEAM) from social media platforms and other online services in Just Rights for Children Alliance and Another v. S. Harish and Others.
Internet Access and Constitutional Rights
The Court highlighted that the freedom of speech and expression under Article 19(1)(a) encompasses the right to receive and impart information and ideas. It observed that the internet has become an important medium for education, communication, information-sharing and creative expression.
The Bench particularly noted the importance of internet access for children living in remote areas, where online resources may serve as a vital source of learning and information. It also recognised that digital platforms can provide opportunities for children with special needs to connect with others and access supportive communities.
By expressly recognising the right to access and use the internet as a fundamental right, the Court built upon earlier constitutional jurisprudence concerning internet-based freedoms and digital access, including Anuradha Bhasin v. Union of India (2020) and Pragya Prasun v. Union of India (2025).
Supreme Court Rejects Blanket Restrictions on Children's Internet Access
The Bench cautioned against completely prohibiting children from accessing the internet as a measure to address online risks. It reasoned that such restrictions could prove counterproductive, potentially pushing children towards unregulated platforms where they may face greater risks.
The Court also expressed concern that restrictive measures might discourage children who experience online grooming, threats or exploitation from reporting such incidents to parents, guardians or other trusted adults.
It further highlighted the privacy implications of age-verification systems, noting that the continuous collection and monitoring of users' sensitive personal data could create risks of misuse and disproportionate surveillance.
The Court's observations indicate that online safety measures should focus on harmful content, the individuals responsible for its circulation and the accountability of digital platforms, rather than treating children's access to the internet itself as the problem.
Court Suggests Child-Specific Online Safety Measures
While rejecting blanket restrictions, the Supreme Court clarified that recognising internet access as a fundamental right does not prevent the introduction of reasonable safeguards for children.
The Bench suggested measures such as:
- Dedicated child-mode accounts: Age-appropriate digital environments for younger users.
- Parental consent and supervision: Greater emphasis on parental guidance and oversight.
- Private-by-default settings: Enhanced privacy protections for children's accounts.
- Restrictions on unknown contacts: Safeguards against unsolicited messages and contact from unfamiliar adults.
- Content and advertisement moderation: Measures to limit children's exposure to harmful or inappropriate material.
The Court left the details of implementing these safeguards to the Union Government. It also clarified that appropriate restrictions could still be imposed on specific categories of content or services inherently harmful to children, including adult-content websites.
Stronger Mechanisms to Combat Online Child Sexual Exploitation
The proceedings also addressed the need for more effective mechanisms to detect and remove Child Sexual Exploitation and Abuse Material (CSEAM). The Court issued directions concerning the identification and removal of such material, including the creation of a comprehensive national database to assist in identifying and eliminating its circulation across online platforms.
These measures highlight the growing importance of digital investigations, platform accountability, online evidence management and technological interventions in addressing technology-facilitated child exploitation.
Significance for Digital Rights and Cybercrime Regulation
The ruling carries substantial implications for constitutional law, digital rights and cybercrime regulation in India. It reinforces the relationship between internet access, personal liberty, freedom of expression and access to information, while recognising the State's responsibility to protect children from online exploitation.
The decision also raises important questions concerning age verification, data protection, intermediary responsibility and the proportionality of restrictions imposed on digital access. For policymakers and technology platforms, the challenge will be to develop effective child-protection mechanisms without unnecessarily infringing upon constitutionally protected freedoms.
Case Details
Case: Just Rights for Children Alliance and Another v. S. Harish and Others
Case numbers: M.A. Nos. 2553–2554 of 2026 in Criminal Appeal Nos. 2161–2162 of 2024
Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Key constitutional provisions: Articles 21 and 19(1)(a) of the Constitution of India
Core issues: Internet access as a fundamental right, children's online safety, CSEAM removal and digital platform accountability