In a landmark judgment delivered on October 17, 2026, the Supreme Court of India explicitly ruled that the right to access and utilize the internet is an integral facet of fundamental freedoms under Articles 21 and 19(1)(a) of the Constitution of India.

Internet Access as a Fundamental Right

A Bench of the Supreme Court emphasized that in the modern digital era, denying children or individuals total access to the internet is untenable, as digital literacy and connectivity are crucial for education, development, and personal liberty.

Key Directions and Mandates

  • National Database on CSEAM: The Court directed the Union Government to create a comprehensive national database to track, identify, and ensure the swift removal of Child Sexual Exploitation and Abuse Materials (CSEAM) across all social media intermediaries.
  • Intermediary Accountability: Authorities were tasked with formulating strict guidelines to examine digital safety and evaluate whether revenues or profits derived by intermediaries from paywalls or subscriptions circulating abusive materials should be forfeited and disgorged.
  • Balancing Safety and Digital Rights: While tightening protective walls against illicit and harmful online content, the Bench reinforced that regulatory clampdowns must not disproportionately infringe upon legitimate public digital access.

The Supreme Court issued these directions while disposing of the connected miscellaneous applications, setting up a robust framework for digital child safety and online rights.