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Internet access is fundamental right for children, SC says blanket bans disproportionate

India's Supreme Court has held that children possess a fundamental right to internet access while cautioning against sweeping restrictions. The court made the observation while examining measures to detect and remove child sexual exploitation material from online platforms.

LSN India · 17 October 2026

Internet access is fundamental right for children, SC says blanket bans disproportionate

The Supreme Court of India has affirmed that internet access constitutes a fundamental right for children, rejecting the notion that blanket bans on digital connectivity represent an appropriate regulatory approach. The pronouncement came as the court deliberated on mechanisms to identify and eliminate child sexual exploitation and abuse material (CSEAM) from the internet.

The bench noted that while protecting children from online harm remains a critical objective, overly broad restrictions that deny internet access entirely impose disproportionate burdens on minors' development and education. The court acknowledged the tension between safeguarding vulnerable children and preserving their access to digital resources essential in contemporary society.

The judgment reflects growing judicial recognition of the internet's centrality to modern life, particularly for education and skill development. Rather than endorsing sweeping prohibitions, the court signaled preference for targeted, proportionate measures that address specific harms while maintaining children's meaningful access to online platforms.

The decision underscores India's ongoing effort to balance child protection with digital inclusion as courts and policymakers grapple with regulating online content. The ruling is expected to influence how authorities approach internet regulation affecting minors in subsequent cases.