Internet access a fundamental right; no blanket ban for children: SC
Why in the news
In an order dated 15 October 2026 and reported on 17 October, the Supreme Court ruled that children too have a fundamental right to use the internet and directed the Centre to tackle child sexual exploitation and abuse material (CSEAM).
Key facts
- Bench: Justices J.B. Pardiwala and K. Vinod Chandran; 137-page order.
- Petitioner: NGO Just Rights for Children Alliance, which flagged rising CSEAM on social media.
- Right: internet access and use is a fundamental right under Article 21 read with Article 19(1)(a); 19(1)(a) covers receiving and sharing information.
- No blanket ban: the court found no evidence that sweeping curbs make children safer; they may push children to unregulated platforms and deter reporting under the POCSO Act.
- Suggested tools: parental consent and oversight, and a dedicated “child mode”; the Union may still block inherently harmful services such as adult sites.
- Universal age verification was called an overreach because of data collection and surveillance risks.
Directions
- Centre to set up a national CSEAM database to identify and remove such content across platforms.
- Digital safety and age-appropriate education to enter the core school curriculum, developed by NCERT and State Councils.
- MeitY and the Ministry of Law and Justice to frame guidelines, SOPs and IT Rules amendments.
- Progress affidavit due by the next hearing on 10 December 2026.
Exam angle
- Article 21 (life and personal liberty) read with Article 19(1)(a) (speech and expression) is the constitutional basis.
- CSEAM stands for child sexual exploitation and abuse material.
- Remember the bench and the petitioner NGO.