The Delhi High Court has stated that the decision to restrict children’s access to social media platforms falls under the realm of policy and should be determined by the government. This conclusion emerged during the hearing of a Public Interest Litigation (PIL) aimed at implementing restrictions on minors’ access to social media and measures to combat the distribution of Child Sexual Abuse Material (CSAM).

A Division Bench composed of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora disposed of the PIL, indicating that the Central Government should evaluate the issues raised in the case. The Court asserted that the government needs to take an informed decision after consulting all pertinent stakeholders, including social media companies.

The judges clarified that no specific timeline has been set for the government to make a decision regarding the allegations put forward in the petition. This approach signals that the matter remains under the government’s purview for further deliberation and potential action.

Details of the PIL Filed

The PIL was introduced by Kirti Dua, the mother of a three-year-old child, and Dr Sharad Gupta, a paediatrician. They called for enhanced protective measures to shield children from various online threats, including harmful content, excessive social media use, and cyber risks. They proposed that guidelines be established to limit social media access for children under the age of thirteen.

The plea outlined serious concerns regarding the exposure of children to sexually explicit content, the dangers of cyberbullying, and other addictive features of social media platforms. It argued that such exposure could adversely affect the mental, emotional, and physical well-being of young users.

Measures Suggested in the Petition

The petitioners have proposed multiple measures aimed at enhancing online safety for children. They called for binding guidelines or legislation that would restrict access to social media platforms for those under thirteen years of age. Additionally, they suggested implementing robust age-verification mechanisms and parental consent requirements to improve accountability for social media platforms in preventing minors from accessing harmful content.

The plea drew on judicial precedents that pertain to online child safety and the circulation of CSAM. It also referenced regulatory advancements in foreign jurisdictions that have introduced additional safeguards aimed specifically at protecting minors on social media platforms.

The PIL had earlier been presented to a Bench that included Chief Justice D K Upadhyaya and Justice Tejas Karia. However, Justice Karia recused himself from the case, subsequently allowing the matter to be heard by the current Bench. The respondents in the petition included the Union Government along with various ministries, the National Commission for Protection of Child Rights (NCPCR), and major social media entities like Meta and Google.

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