Supreme Court: Children Have a Fundamental Right to Internet Access, Blanket Bans Disproportionate
The Supreme Court has held that children, regardless of their age, have a fundamental right to access and use the internet. A blanket prohibition imposed in the name of online safety, the Court cautioned, could disproportionately curtail their constitutional freedoms.
A Bench of Justices JB Pardiwala and KV Chandran made the observations in an order dated October 15. The Court said internet access is protected under Article 21 of the Constitution, read with Article 19(1)(a), which guarantees the right to freedom of speech and expression.
The ruling came while the Court was considering measures to identify and remove child sexual exploitative and abuse material (CSEAM) from online platforms. In that context, it addressed the wider debate over proposals to restrict children's access to social media as a way of protecting them from digital threats.
The Bench emphasised that protecting children from online harm cannot come at the cost of denying them access to a medium that has become integral to education, the exchange of ideas and social interaction. Children, like adults, are entitled to constitutional protection, it observed, and their safety must be secured without unnecessarily curtailing their freedom.
The Court noted that the internet is a vital source of education and information, particularly for children in remote areas with limited access to other resources. For children with special needs, digital platforms can also offer opportunities for interaction and companionship that may otherwise be difficult to find.
Source: India Legal