NEW DELHI: In a significant development in the debate over digital rights and child safety, the Supreme Court has reportedly recognised the importance of internet access as a fundamental right, including for children, under Article 21 and Article 19(1)(a) of the Constitution.
A Bench comprising Justices J.B. Pardiwala and K. Vinod Chandran emphasised that protecting children from online risks should not come at the cost of their fundamental freedoms. The ruling underscores the need to strike a balance between ensuring online safety and preserving access to digital platforms.
“Our children are entitled to both,” the court observed, highlighting that online protection and constitutional freedoms need not be mutually exclusive.
Rejecting blanket bans or complete restrictions on children's internet use, the court called for more targeted, technology-driven safeguards. These measures include introducing a dedicated “child mode” on social media platforms to provide age-appropriate digital experiences and reduce children's exposure to harmful content.
The proposed safeguards also include establishing a robust verification database to help identify and remove Child Sexual Exploitation and Abuse Material (CSEAM), strengthening efforts to make digital spaces safer for children.
The development highlights the growing importance of addressing online threats through effective regulation rather than broad restrictions that could limit children's access to information, education and freedom of expression.
