New Delhi: The Supreme Court has asked the Centre to examine whether statutory rules can be introduced to regulate social media accounts operated by children below 18 years of age.
The Bench said social media platforms must ensure that their systems comply with Indian laws governing minors and asked the government to consider giving such safeguards a statutory basis.
SC seeks statutory safeguards for minors
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a public interest litigation filed by the Just Rights for Children Alliance (JRCA), which has sought stronger safeguards for children using social media and other digital platforms.
Justice Joymalya Bagchi said safeguards for minors should not remain limited to guidelines. He asked Solicitor General Tushar Mehta to examine whether the requirements could be incorporated into the statutory framework governing social media intermediaries.
The Court also stressed that platforms operating in India have to comply with Indian law, including provisions relating to minors.
Court focuses on 18-year legal threshold
The petitioner’s case is based partly on the legal position that minors cannot independently enter into binding contracts under Indian law. The plea argues that accepting the terms and conditions of a social media platform amounts to entering into a contractual relationship.
The petition has therefore questioned how children below 18 can independently create and maintain accounts on platforms that require users to accept such terms.
Senior advocate HS Phoolka, appearing for JRCA, told the Court that there was no need to wait for the implementation of the Digital Personal Data Protection framework, arguing that existing Indian law already recognises the contractual incapacity of minors.
Centre considers parental consent mechanism
Solicitor General Tushar Mehta said the Centre would examine the issue. He also referred to the Digital Personal Data Protection Act, 2023, and suggested that a mechanism based on parental consent could be considered.
Under such a framework, the contractual relationship with a social media platform could potentially be entered into by the parent or legal guardian on behalf of the child.
The government also indicated that the issue could be addressed through the existing intermediary regulatory framework.
SC refers to IT Act provisions
The Bench discussed Section 79 of the Information Technology Act, which deals with the legal framework applicable to intermediaries.
Justice Bagchi asked the government to consider directions requiring platforms to design their systems in conformity with Indian law. The Court also indicated that it could issue directions if adequate regulatory measures were not put in place.
The Court’s latest proceedings do not themselves amount to a final nationwide ban on social media accounts for everyone below 18. Rather, the Bench has asked the Centre to examine a statutory mechanism to enforce safeguards consistent with Indian law.
Petition flags online risks to children
The JRCA petition has highlighted several risks associated with children’s access to digital platforms. These include online grooming, sexual exploitation, trafficking, sextortion, behavioural profiling, misuse of personal data, cyberbullying and exposure to age-inappropriate content.
The petition also points to the gap between the age thresholds followed by some social media platforms and India’s legal framework, noting that certain platforms allow users to open accounts from the age of 13.
Case to be heard again
The Supreme Court had first sought the Centre’s response to the petition on September 10. The matter was taken up again on September 28, when the Bench sought examination of a statutory framework for protecting minors on social media. The matter is expected to come up again in the coming weeks.
