Supreme Court Rejects Age-Based Internet Ban, Calls Access a Fundamental Right for Children

The Supreme Court has held that the right to use the internet is part of the fundamental rights guaranteed under the Constitution, including for children, and has refused to support restrictions on internet access based solely on age. The court has instead called for stronger parental controls, reporting and removal of child sexual abuse content, and dedicated ‘child mode’ controls on social media platforms to regulate online access and contact.
Under Articles 21 and 19(1)(a) of the Constitution, the right to use the internet is a fundamental right available to every person. The court said children, regardless of their age, are entitled to the same rights.
The court argued that completely preventing children from accessing the internet is as unreasonable as claiming that children below a particular age lack protectable judgment or freedom of expression. It emphasised that protecting children and safeguarding their freedom are not mutually exclusive, stating that children are entitled to both.
The Supreme Court also observed that imposing legal restrictions does not necessarily stop children from using the internet. Instead, children may continue accessing it without the knowledge of their parents or authorities, potentially moving to unregulated and unsafe platforms where the risks are even greater.
The court further warned that such restrictions can discourage children who face manipulation or threats online from informing their parents, guardians or trusted adults about their experiences. This reluctance to report abuse could make it harder for children to seek protection and assistance.
Expressing concern over the repeated circulation of online child sexual abuse content despite clear guidelines, the court highlighted the need for effective safeguards rather than relying solely on age-based restrictions. Its observations pointed towards a framework that seeks to protect children from online exploitation while preserving their fundamental rights and freedom to access the internet.