SC affirms children’s right to internet access under fundamental rights

New Delhi: The Supreme Court has reaffirmed that children, like adults, are entitled to access the internet and exercise their freedom of expression, bringing renewed attention to digital rights amid frequent internet restrictions in India.

A bench comprising Justices J.B. Pardiwala and K. Vinod Chandran said internet access and use fall within the protection of fundamental rights under Article 21 and Article 19(1)(a) of the Constitution, according to a LiveLaw report.

The observations came during proceedings on measures to strengthen the identification and removal of child sexual exploitation and abuse material from online platforms. The court stressed that protecting children from online harm should not come at the cost of denying them their fundamental freedoms.

The bench also referred to the Supreme Court’s 2020 ruling in the Anuradha Bhasin case, which recognised constitutional protection for freedom of speech and expression and the conduct of trade and business through the internet.

However, the court stopped short of ruling separately on whether internet access, in itself, constitutes an independent fundamental right.

The observations have particular relevance amid concerns over internet shutdowns in India. Authorities suspended mobile internet services across parts of central Delhi and at eight temporary detention centres on October 10, where thousands of people had been detained.

India has also faced criticism over repeated internet shutdowns, with Jammu and Kashmir among the regions most affected by such restrictions.