New Delhi, October 17, 2026 (Yes Punjab News)
The Supreme Court on Saturday held that the right to access and use the internet is a fundamental right of every individual, including children irrespective of their age, ruling that measures to protect children from online sexual exploitation must target harmful content and those responsible for its circulation rather than restrict children’s internet access.
In its judgment on the circulation of Child Sexual Exploitation and Abuse Material (CSEAM) on online platforms, a bench comprising Justices J.B. Pardiwala and K. Vinod Chandran said that children’s safety and freedom were not mutually exclusive and that they were entitled to both.
The apex court was hearing an application filed by the Just Rights for Children Alliance (JRCA), seeking effective implementation of its September 23, 2024, judgment in Just Rights for Children Alliance vs S. Harish. The earlier ruling dealt with the obligations of social media intermediaries to report suspected offences involving child sexual abuse material.
In its latest judgment, the Supreme Court said the right to access and use the internet was a fundamental right under Article 21 read with Article 19(1)(a) of the Constitution, adding that children enjoyed the same rights irrespective of their age.
The court observed that denying children access to the internet altogether would be as absurd as suggesting that children below a certain age did not have a conscience worth protecting or freedom of speech worth expressing.
The bench led by Justice Pardiwala acknowledged that the internet was far from safe for children but stressed that measures intended to protect them must focus on harmful material and those responsible for it, rather than on children themselves.
“To keep the child away from the internet on account of such failures would be to mistake the victim for the problem,” the court said.
Highlighting the importance of digital access, the Supreme Court described the internet as a marketplace of ideas, creative expression and information, with significant value for both adults and children.
For many children, particularly those living in remote areas, the internet was often the only source of learning and information, the judgment noted. It added that for children with special needs, online platforms could provide opportunities to connect with others with similar experiences.
Rejecting blanket restrictions as a solution to online abuse, the bench said their effectiveness remained unproven and warned that such measures could expose children to greater risks.
The court observed that children did not necessarily stop using the internet simply because the law prohibited them from doing so. Instead, they could continue accessing it without the knowledge of their parents or authorities, potentially moving to unregulated platforms and websites that were even less safe.
It also cautioned that restrictions could discourage children who faced online enticement or threats from reporting such incidents to their parents, guardians or trusted adults, out of fear of being reprimanded for using the internet.
Such an outcome, the court said, would undermine efforts to protect children, who were already often apprehensive about disclosing such experiences, and defeat the objectives of the Protection of Children from Sexual Offences (POCSO) Act.
However, the Supreme Court clarified that its observations did not rule out age-based safeguards. It acknowledged the need for measures to protect children online and regulate the content available to them.
The bench suggested a framework placing greater emphasis on parental consent, guidance and oversight, alongside a dedicated “child mode” for social media accounts, particularly for pre-teens.
Possible safeguards could include making children’s accounts private by default, restricting messages and contact from unknown adults, and moderating advertisements and other content accessible to them. The court left the details of implementing such measures to the Union government.
The Supreme Court also clarified that its observations would not prevent the government from restricting children’s access to specific categories of content or services inherently harmful to them, including adult-content websites.
The court further said that online intermediaries must ensure that CSEAM and other material likely to harm children were not offered, hosted, uploaded, promoted or circulated through paywalls or subscription-based services.
It urged the Centre to frame appropriate guidelines for scrutinising such content and introducing proportionate measures to regulate the material children could access or subscribe to.
Emphasising the role of education in preventing online exploitation, the judgment called for children to be taught from the primary stage about their bodies, safe and unsafe touch, consent, healthy relationships, respect for others and responsible internet use.
Children should also be educated about protecting their personal data and privacy online and recognising signs of enticement, sexual extortion and other exploitative practices, the court said.
The judgment stressed that children must know whom to approach when confronted with inappropriate conduct, including a trusted adult at home or school, as well as the appropriate channels for reporting wrongdoing.
“Above all, children must be encouraged to come forward without fear and report such incidents. They must be assured that speaking up on these matters will never be met with any reproach, and they will be given all the help and support with complete confidentiality,” the Supreme Court said.
The court also called for digital safety and age-appropriate sex education to be incorporated into the core school curriculum. It said the National Council of Educational Research and Training (NCERT) and State Councils of Educational Research and Training (SCERTs) should develop the curriculum in consultation with child psychologists, educators and parenting experts.
Teachers and school staff should also receive training to identify signs of grooming, abuse and online harassment, respond appropriately when children disclose such incidents and comply with their reporting obligations under the POCSO Act, the judgment said.
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