NEW DELHI: The Supreme Court has asked the Centre to consider putting in place statutory rules requiring social media platforms and other digital intermediaries to comply with Indian laws governing minors, including a possible minimum age threshold of 18 years for independently holding social media memberships.
A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was hearing a public interest litigation filed by Just Rights for Children Alliance, which has sought measures to prevent minors from independently creating and operating social media accounts.
During the hearing, Justice Joymalya Bagchi urged the Centre to issue directions under the existing intermediary rules so that digital platforms operating in India configure their systems in accordance with Indian law.
The court specifically pointed to the need for platforms to comply with Indian legal provisions concerning the contractual capacity of minors. “They must conform at least in respect of membership of minimum threshold of 18 years,” Justice Bagchi said, asking the government to examine the relevant provisions of the intermediary rules.
SC asks Centre to bring digital platforms in line with Indian law
The PIL raises a fundamental question over how social media platforms operating in India deal with users below 18 years of age.
The petition argues that children below 18 are legally incapable of entering into contracts under Section 11 of the Indian Contract Act, 1872, while the Majority Act, 1875 recognises 18 as the age at which a person attains majority.
Despite this, many social media platforms currently allow users, generally from the age of 13, to create and maintain accounts independently, often based primarily on a self-declaration of their age or date of birth.
The petition describes this as a fundamental legal and regulatory inconsistency, seeking directions to prevent minors from entering into contracts with digital platforms.
Government agrees on minors’ contractual incapacity
Solicitor General Tushar Mehta, appearing for the Centre, agreed during the hearing with senior advocate H.S. Phoolka that minors cannot enter into contracts under Indian law.
Justice Bagchi observed that one issue before the court was that several social media intermediaries are registered under US laws and have brought restrictions applicable in the United States into India’s digital ecosystem.
The court stressed that platforms operating in India must comply with Indian legal requirements. “Yes, we will have to control the intermediaries,” the Solicitor General said.
Centre points to intermediary rules
Chief Justice Surya Kant observed that the government could invoke Sections 4 and 9 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to issue directions to digital intermediaries.
The Solicitor General indicated that the government was prepared to act on the issue.
Justice Bagchi subsequently asked the Centre to examine the intermediary rules and consider directions requiring platforms to maintain an 18-year minimum threshold for membership in accordance with Indian law.
The court’s observations put the focus on whether India’s existing digital regulatory framework can be used to address the independent use of social media by minors, or whether additional statutory safeguards may be required.
PIL seeks stronger age verification
The petition, filed through advocate Saksham Maheshwari, seeks effective age-assurance mechanisms to prevent minors from independently operating social media accounts.
It also asks that minors continue to have access to educational and other appropriate digital content through accounts maintained and controlled by parents or guardians. The petition argues that simply allowing children to enter their date of birth while registering on a platform is insufficient to address the legal issue.
It seeks a framework under which digital intermediaries would be required to verify users’ ages and prevent minors from independently entering contractual relationships with social media companies.
