SC says internet access is a fundamental right, rejects blanket ban for children: ‘Safety and freedom are not at odds’

The Supreme Court of India has declared internet access and usage as a fundamental right for all individuals, including children, under Articles 21 and 19(1)(a) of the Constitution. The court emphasized that a blanket ban on children's internet access is an inadequate solution to safety concerns. The bench, comprising Justices JB Pardiwala and K Vinod Chandran, stated that denying the same to children would be absurd, as children have the same rights to conscience, freedom of speech, and protection.

While acknowledging the internet's inherent dangers, the court warned against restricting children's access, as it could lead them to unregulated and potentially more hazardous websites. The court suggested proportionate safeguards, including parental consent, supervision, dedicated "child mode" accounts, private-by-default profiles, restrictions on messages from unknown adults, and stronger moderation of advertisements and children-accessible content.

The bench also highlighted the importance of the internet for children in remote areas and those with special needs, who often find companionship and support online.