“Internet Access Fundamental Right for Children”: Supreme Court Rejects Age-Related Prohibition

The Supreme Court of India has rejected the idea of imposing a blanket age-based ban on internet access, recognising it as a fundamental right under Articles 21 and 19(1)(a) of the Constitution. The court observed on Friday that children, regardless of their age, enjoy the same constitutional protections and should not be denied access to the internet altogether.

A bench comprising Justices J B Pardiwala and K V Chandran made the observations on October 15 while hearing applications filed by the child rights organisation Just Rights for Children Alliance and another applicant. The pleas alleged that social media companies were failing to fulfil their legal obligations to report child sexual exploitation and abuse material (CSEAM) to Indian authorities.

The bench emphasised that children’s safety and freedom must be protected simultaneously. Instead of imposing a blanket prohibition, the court called for stronger parental controls, child-friendly settings and the removal of sexually abusive material from social media platforms.

The court also criticised authorities and digital platforms for failing to protect victims adequately, noting that abusive content continued to circulate despite existing directions. It expressed concern over reports of paid promotions of CSEAM through redirect links and websites.

The applicants sought action against non-compliant intermediaries, a centralised platform and uniform reporting procedures. In response, the court directed the Centre to establish a national database of digital identifiers and URLs associated with verified objectionable content. It also instructed the government to develop guidelines for URL identification, perceptual hash-matching and other technological tools to detect and remove abusive material.