New Delhi, Oct 17: The Supreme Court has recognised access to and use of the internet as a fundamental right of every individual, including children, and cautioned against blanket restrictions on children’s internet access. The judgment came at a time when the Andhra Pradesh government was considering restrictions on children’s access to social media networks.
A bench of Justices JB Pardiwala and K Vinod Chandran, in an order dated October 15, held that the right to access and use the internet is protected under Articles 21 and 19(1)(a) of the Constitution. The court said children, irrespective of their age, enjoy the same fundamental rights and cannot be denied internet access altogether in the name of online safety.
Supreme Court Verdict Puts AP Government’s Proposal Under Scrutiny
Earlier this year, Andhra Pradesh Chief Minister N Chandrababu Naidu proposed prohibiting social media use by children below 13 years of age. State IT and Education Minister Nara Lokesh also spoke about plans to restrict social media access for children under 16.
The government cited concerns about children’s safety, harmful online content and the risks associated with social media.
However, the Supreme Court’s latest observations raise questions about the proposed restrictions if they take shape as law.
The bench warned that blanket bans could interfere with children’s fundamental rights, freedom of expression and access to information.
The ruling does not automatically invalidate the Andhra Pradesh government’s proposal. However, any policy introduced by the state will need to be assessed against the constitutional principles outlined by the court.
Supreme Court Backs Child Safety Measures, Not Blanket Bans
The bench acknowledged that children need protection from online dangers but said safety and freedom must go together. It observed that the internet is an important source of education, information and communication, particularly for children in remote areas and those with special needs.
The court also warned that children might continue using the internet despite legal restrictions, potentially moving to unregulated platforms that could expose them to greater risks. Fear of punishment for breaking age restrictions could also discourage children from reporting online threats or exploitation to their parents and guardians.
Instead of imposing blanket bans, the court suggested measures such as parental consent, supervision and dedicated child-friendly modes on social media platforms. It clarified that governments can restrict children’s access to specific categories of inherently harmful content, including adult-content websites.
Centre Directed to Strengthen Action Against Child Abuse Material
The Supreme Court passed the order while hearing a petition filed by the NGO Just Rights for Children Alliance concerning the circulation of child sexual exploitation and abuse material (CSEAM) on digital platforms.
The bench directed the Centre to establish a national database to help detect and remove sexually explicit material depicting minors. It stressed that social media platforms, law enforcement agencies and government departments must work together to prevent online child exploitation.
The court said blanket restrictions on internet access were not a proven solution and could not replace effective efforts to identify and remove abusive content.
What the Verdict Means for Andhra Pradesh
The Supreme Court’s order has brought the Andhra Pradesh government’s proposed social media restrictions under greater constitutional scrutiny. While Chandrababu Naidu and Nara Lokesh have emphasised the need to protect children online, the court has stressed that such protection must not come at the cost of fundamental rights.
The key question is whether the state will pursue age-based prohibitions or adopt proportionate measures such as parental controls, child-friendly accounts and stronger safeguards against harmful content.
The Supreme Court’s position is clear: children must be protected from online dangers, but a blanket denial of internet access is not the answer.
