Children have a fundamental right to use the internet, rules Supreme Court, rejects blanket age-based bans

Child mode, parental controls and platform accountability: here are the court’s directions after rejecting age-based internet curbs

PGurus Newsdesk

October 17, 2026

“Safety and freedom are not at odds”: what the court said and what safeguards it wants instead.

The bench warned that bans could push children to unregulated websites and keep them from seeking help

The Supreme Court has ruled that children have a constitutional right to access and use the internet, and has rejected blanket age-based restrictions. At the same time, it asked for much stronger protection against online sexual abuse.

A fundamental right for everyone

A bench of Justices JB Pardiwala and K Vinod Chandran held that the right to access and use the internet is a fundamental right of every individual under Article 21, read with Article 19(1)(a) of the Constitution. That includes children of all ages. The ruling goes beyond a 2025 judgment that treated digital access as part of the right to life.

The court said child safety and a child’s freedom to go online do not pull in opposite directions, and that protection measures must not take away constitutional freedoms. Denying children internet access altogether would be unreasonable, it said.

Why a blanket ban could backfire

The bench warned that bans do not necessarily keep children safer. Children locked out of mainstream platforms could drift to unregulated and riskier websites. And a child who is lured or threatened online may hide it from parents and other trusted adults if they fear being punished for breaking an age rule.

The court also stressed what the internet offers, including education, communication and expression, particularly for children in remote areas and those with special needs.

What the court wants instead

Rather than restrictions based on age alone, the court called for safeguards that target harmful content and those who circulate it. It pointed to platform accountability, special “child mode” features, effective parental controls, and age-appropriate protections based on parental consent, guidance and oversight.

It also pressed for faster action against child sexual abuse material and better reporting systems, voicing concern that such content continues to circulate despite existing guidelines.

The backdrop

The ruling comes about two weeks after the Centre told the court it planned to amend the IT intermediary rules to limit internet access for children under 18. Days before that, the court had asked the Centre whether those under 18 should be barred from opening social media accounts without parental consent. Separately, Andhra Pradesh Minister Nara Lokesh has said his state is planning to ban social media use by children under 16, days after Australia brought in a similar ban.

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