Supreme Court rules internet access a fundamental right for children, orders national CSEAM database

Key facts

• The Supreme Court declared the right to access and use the internet a fundamental right of every individual, including children, under Article 21 read with Article 19(1)(a) of the Constitution, ruling out a blanket ban on children's internet access.
• A bench of Justices JB Pardiwala and K Vinod Chandran passed the 137-page order on October 15 on a plea by NGO Just Rights for Child Rights Alliance, represented by senior advocate HS Phoolka.
• The court directed the Centre to create a national database for detection and removal of sexually explicit visual content depicting minors on digital platforms, amid rising circulation of child sexual exploitation and abuse material (CSEAM).
• The court held that age-based restrictions requiring age verification of every user involve disproportionate data collection and surveillance risks, and no jurisdiction has demonstrated that children are safer under such blanket restrictions.
• The court clarified that age-based safeguards like parental consent, a dedicated 'child mode', and restrictions on inherently harmful content such as adult websites are still permissible.