A Public Interest Litigation (PIL) has been submitted to the Delhi High Court, seeking a prohibition on access to social media platforms for children aged below 13. The petition aims to establish a structured regulatory framework to safeguard minors from harmful online influences and digital addiction. The hearing briefly occurred on July 26, led by a Bench that included Chief Justice DK Upadhyaya and Justice Tejas Karia. During this session, Justice Karia recused himself from the case.

Petitioners and Respondents

The petitioners, Kirti Dua, the mother of a three-year-old, and Dr Sharad Gupta, a paediatrician, have arrayed various respondents, including the Union of India represented through several ministries. These ministries encompass Electronics and Information Technology, Women and Child Development, Education, and Health. Additionally, the petition lists prominent social media firms such as Meta, Alphabet (Google), Telegram, Snap Inc., and X Corp. as parties to the litigation.

The petition highlights serious concerns regarding children being exposed to inappropriate content, cyberbullying, and the addictive nature of social media platforms. The claim is that these issues significantly compromise minors’ mental, emotional, and physical health. Despite the existence of laws like the Information Technology Act and the Protection of Children from Sexual Offences (POCSO) Act, the petition asserts that the enforcement of such legislation is lacking.

Through this PIL, the petitioners urge the Union Government to implement binding regulations that would restrict social media access for children under 13. They have proposed the introduction of robust measures for age verification and parental consent, along with accountability measures for social media platforms to ensure child safety in the online environment.

Legal Framework and Judicial Precedents

The petition references various judicial precedents, including rulings from the Supreme Court and the Madras High Court that pertain to online safety for children and the addressing of child sexual abuse material. It highlights the need for a comprehensive statutory framework in India that encompasses the challenges posed by digital addiction and online dangers facing children.

The petitioners argue that while some countries have begun instituting stricter regulations to protect minors on social media, comparable measures in India remain insufficient. They stress the importance of adapting a regulatory system that reflects current issues in digital safety and the well-being of children in the context of social media usage.

As the case awaits reassignment to another Bench, the petition’s implications could be significant for both the governance of social media platforms and the protection of children in the digital landscape. The outcomes of such discussions may set important legal precedents for future child protection in the rapidly evolving online environment.

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