The Supreme Court of India has expressly recognised the right to access and use the internet as a fundamental right under the Constitution, extending the protection to children irrespective of their age. The Court also declined to endorse a blanket restriction on children’s internet access, particularly on social media platforms, observing that protecting children online should not mean denying them their freedom.
The observations came in Just Rights for Children Alliance & Anr. v. S. Harish & Ors., while dealing with measures to detect and remove child sexual exploitation and abuse material (CSEAM) from the internet.
Background
The proceedings concerned compliance by social media intermediaries and online platforms with directions aimed at preventing the circulation of CSEAM. The Court examined the responsibilities of platforms, the need for effective detection and removal mechanisms, and the question of whether restricting children’s access to the internet would improve their safety.
In its order dated October 15, 2026, a Bench comprising Justice J.B. Pardiwala and Justice K.V. Chandran made its position on internet access explicit.
The Court stated:
“In view of the foregoing, we have no hesitation in saying that the right to access and use the internet is a fundamental right of every individual under Article 21 read with Article 19(1)(a) of the Constitution. Our children, irrespective of their age enjoy the same rights, and to deny the same altogether would be as absurd as saying children below a certain age do not have a conscience worth protecting or a freedom of speech worth expressing. The safety of our children and their freedom are not at odds with each other. Our children are entitled to both.”
The Bench observed that the internet provides access to information, education, communication and opportunities for expression. It reasoned that restricting children’s access would not necessarily prevent abuse, as children could move to unregulated and potentially more dangerous online spaces.
The Court further emphasised:
“That being said, we are of the considered view that any measure for the safety of children must be directed at the harmful material and those responsible for the same, and not at the children themselves.”
The Court clarified that recognising internet access as a fundamental right does not prevent proportionate safeguards for children. It discussed measures such as parental guidance and consent, child-mode accounts, private-by-default settings, restrictions on contact from unknown adults, and moderation of advertising and content.
It also clarified that restrictions may be imposed on specific categories of content or services that are inherently harmful to children.
The Supreme Court declined to endorse a blanket restriction on children’s internet access and expressly recognised internet access as a fundamental right.
The order also addressed stronger mechanisms to detect and remove CSEAM and directed the Union of India to consider appropriate safeguards and implementation measures.
Case Details
Case Title: Just Rights for Children Alliance & Anr. v. S. Harish & Ors.
Case Number: M.A. Nos. 2553–2554 of 2026 in Criminal Appeal Nos. 2161–2162 of 2024
Judges: Justice J.B. Pardiwala and Justice K.V. Chandran
Decision Date: October 15, 2026
