Right to access the internet

Polity & Governance glossary

Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT

Meaning

The right to access the internet means a person should be able to get online without the State blocking them unfairly. The Kerala High Court recognised it in Faheema Shirin (2019). The Supreme Court has not declared internet access a standalone fundamental right. It has held that speech and trade carried out through the internet are protected by Article 19.

Example

In Anuradha Bhasin (January 2020), on the Jammu and Kashmir shutdown, the Supreme Court said internet suspensions must meet four conditions:

  • they must be published;
  • they must be temporary;
  • they must be proportionate, meaning no harsher than the aim needs;
  • they must be open to review.

The power to suspend now sits in the Telecommunications Act, 2023.

Don't confuse with

  • Freedom of speech and expression (Art. 19(1)(a)): this is a listed fundamental right, and it covers speech made online. Access to the internet itself has not been declared a separate fundamental right by the Supreme Court.

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