Supreme Court: internet access a fundamental right, children included
The Supreme Court, in an order dated 15 October 2026, held that the right to access and use the internet is a fundamental right of every individual, children included, under Article 21 read with Article 19(1)(a). It called blanket age-based bans disproportionate and directed the Union to create a national database for removing child sexual abuse material.
Syllabus: GS2 · Constitution; Prelims · Polity & Governance; GS2 · Welfare of Vulnerable Sections
Why this matters for UPSC
GS2 polity and GS3 cyber security: Prelims can ask what Articles 19(1)(a), 19(2) and 21 provide and what Anuradha Bhasin held; Mains, how to protect children online through the IT Rules, 2021 and the POCSO Act without curbing rights.
Why it matters
Children learn, play and talk online, and for many in remote areas or with special needs the internet is often the only source of learning or company. A ban by age would have pushed them to hidden, unregulated sites and made a child who is being threatened afraid to tell a parent. The Court has instead put the burden on platforms and the government: abuse images found on one app should vanish from all of them, and a parent or child who reports one should get an acknowledgement within a day. The Court also wants schools to teach safe touch, consent and safe internet use. The larger question is how a democracy protects children online without surveillance of every user.
Prelims pointers
- Article 19(1)(a): freedom of speech and expression for all citizens; the Supreme Court reads into it the right to know and to receive and impart information.
- Article 19(2): reasonable restrictions on free speech only for sovereignty, security, foreign relations, public order, decency or morality, contempt, defamation or incitement.
- Article 21: no person shall be deprived of life or personal liberty except according to procedure established by law; it covers every person, not citizens alone.
- Anuradha Bhasin v. Union of India (2020): speech and trade through the internet are protected under Articles 19(1)(a) and 19(1)(g).
- Section 79, IT Act, 2000: platforms escape liability for users' content only if they observe due diligence; failing POCSO reporting forfeits it (Supreme Court, 2024).
- POCSO Act, 2012, Section 19: anyone who knows of an offence must inform the Special Juvenile Police Unit or local police; Section 21 punishes failure to report.
- IT Rules, 2021: a significant social media intermediary must deploy automated tools, under human oversight, to proactively identify child sexual abuse content.
- I4C is an initiative of the Ministry of Home Affairs; its scheme was approved in October 2018, and it became an Attached Office of the Ministry from 1 July 2024.
Practise a UPSC-style question
With reference to reasonable restrictions on the freedom of speech and expression under Article 19(2) of the Constitution of India, consider the following statements:
1. Restrictions may be imposed in the interests of the general public.
2. Restrictions may be imposed in the interests of decency or morality.
3. Restrictions may be imposed in the interests of friendly relations with foreign States.
How many of the above statements are correct?
- (a) Only one
- (b) Only two
- (c) All three
- (d) None
Show the answer
Answer: (b) Only two
Answer: (b) Only two. Decency or morality and friendly relations with foreign States are Article 19(2) grounds; 'the general public' is not.
Statement 1: incorrect. 'In the interests of the general public' appears in Articles 19(5) and 19(6), for movement, residence, trade and profession, not in Article 19(2) for free speech.
Statement 2: correct. Article 19(2) lists decency or morality among the grounds for reasonable restrictions on free speech.
Statement 3: correct. Friendly relations with foreign States is one of the grounds listed in Article 19(2).
Eliminate: Statement 1 borrows the wording of Articles 19(5) and 19(6), so not every statement is correct. Out: (c).
Eliminate: Statements 2 and 3 are both listed grounds in Article 19(2), so at least two are correct. Out: (a), (d).
Trap: Swapped attribution. The general-public ground is real but belongs to Articles 19(5) and 19(6); free speech can be limited only on the grounds Article 19(2) names.
Remember: Free speech has a closed list of grounds in 19(2); 'general public' appears in 19(5) and 19(6), not in 19(2).
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