SC declares internet access a fundamental right for everyone, including children

New Delhi: The Supreme Court has declared the right to access and use the internet a fundamental right under Articles 21 and 19(1)(a) of the Constitution, holding that the right extends to every individual, including children.

A Bench comprising Justice JB Pardiwala and Justice K Vinod Chandran said denying children access to the internet altogether in the name of safety would be unreasonable, stressing that their right to freedom and their protection were not mutually exclusive.

"..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.

The Court made the observations while issuing directions to strengthen mechanisms for detecting and removing child sexual exploitation and abuse material (CSEAM) from social media platforms and other online services.

In its judgment, the Bench examined whether children should be completely shielded from the internet and social media to ensure their safety. It noted that the right to freedom of speech and expression under Article 19(1)(a) also encompasses the right to know, receive and impart information and ideas.

Describing the internet as a marketplace of ideas, creative expression and information, the Court emphasised that its significance lay not only in the information it contained but also in the access it provided to adults and children alike.

"For many children, particularly in remote areas, it is often the only source of learning and information," the Court observed.

The Bench also highlighted the importance of internet access for children with special needs, noting that it was often the only place where they could find companionship with others like them.