The Delhi High Court on Wednesday (September 16) sought the Centre’s response on whether the government is considering a policy to regulate potentially addictive design features on social media platforms, including infinite scrolling and autoplay.
A bench of Justice Nitin Wasudeo Sambre and Justice Amit Sharma asked the Centre to seek instructions on the issue and listed the matter for further hearing after three weeks.
During the hearing, Additional Solicitor General Chetan Sharma told the court that he did not have specific instructions on whether the government was considering such a policy.
The bench then asked him to obtain instructions from the Centre.
“You take instructions whether you are contemplating framing of a policy and we will have the matter after three weeks,” the bench orally observed.
PIL targets platform design, not social media content
The PIL has been filed by law professor Vikas Kathuria. The petitioner told the court that the plea was not aimed at regulating or restricting the content available on social media.
Instead, the petition focuses on the design and functioning of social media platforms, particularly features created to capture and retain users’ attention for longer periods.
The plea identifies several such features, including:
1. Infinite scroll
2. Autoplay of videos
3. Algorithmically curated feeds
4. Personalised content recommendations
5. Persistent notifications
6. Engagement indicators such as “likes”
According to the petitioner, these mechanisms can repeatedly draw users back to platforms and encourage extended periods of use.
Centre questions maintainability of PIL
The Centre and lawyers representing some social media platforms raised objections to the maintainability of the petition.
They referred to earlier orders in which the Supreme Court and various high courts had declined to entertain similar pleas concerning social media regulation.
The Centre’s counsel also argued that the issues raised by the petition fall within the domain of policymakers rather than the judiciary.
The government suggested that the petitioner could instead submit a representation before the appropriate authorities.
The court, however, has sought clarity on whether the government is already considering a policy addressing the concerns raised in the PIL.
Petition seeks expert committee
The plea has sought directions to the Centre and the National Commission for Protection of Child Rights (NCPCR) to restrict, prohibit or regulate certain engagement-maximising features on social media platforms.
It also seeks the creation of an expert committee comprising relevant stakeholders to examine the design features and recommend safeguards.
The petition argues that regulation should focus not merely on what users see online but also on how platforms are designed to keep them engaged.
Concerns over young users
The petition has also highlighted concerns about prolonged social media use among young people.
It cited statistics claiming that Indian users aged 18 to 24 spend more than 120 minutes a day on average on social media.
The plea further referred to research examining associations between prolonged social media use among adolescents and mental-health concerns, including depression and suicide.
The court has not made any finding on these claims. The matter remains at the stage of considering the PIL and the government’s response.
The case could bring greater attention to the debate over whether social media regulation should focus only on harmful content or also extend to the technology and design choices that determine how users interact with platforms.
