The Supreme Court has recognized access to the internet as a fundamental right even for children and has refused an age-related ban on internet use. The court observed in its verdict that there is 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. It further added that children, irrespective of their age, enjoy the same rights, and to deny the same altogether would be as absurd. speech worth expressing."
“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,” the court said in its 136-page order.
“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,” it added.
The court was considering applications filed by the NGO Just Rights for Children Alliance in proceedings arising from its September 23, 2024 judgement, which dealt with the circulation of child sexual exploitation and abuse material online. The organisation had raised concerns about continued lapses by social media intermediaries and other online platforms in complying with the earlier directions.
