The Supreme Court has called on the Indian government to deliberate on whether minors under the age of 18 should be barred from creating social media accounts without obtaining parental consent. This recommendation suggests a potential link to existing Indian contract laws, which restrict minors from independently entering into contractual agreements, as a possible foundation for formulating regulations governing social media use by children.

Petition by Just Rights for Children Alliance

The court’s directive came during the hearing of a petition filed by the Just Rights for Children Alliance, which advocates for measures ensuring the safety of children on social media platforms and other digital environments. The non-governmental organisation is urging that platforms be mandated to secure consent from a parent or legal guardian prior to allowing minors to register for accounts.

The petition highlights that popular social media platforms like Facebook and Snapchat permit users aged 13 and older to create accounts. It emphasises the contradiction that, while registration requires users to agree to their terms of service, minors under 18 are legally unable to enter into binding contracts under Indian law. This inconsistency raises concerns about the protection of children in the digital space.

Moreover, the NGO has requested amendments to the Information Technology Rules, 2021, or the introduction of distinct guidelines aimed at compelling platforms to obtain parental approval. A proposal was made for the implementation of identity verification systems for parents or guardians where deemed necessary, in order to enforce these safeguards.

Potential Risks Highlighted by the Petition

The petition articulates several potential dangers that children may encounter without appropriate safeguards in place. Among these risks are online grooming, sexual exploitation, cyberbullying, the misuse of personal data, and exposure to inappropriate content. Such concerns are gaining traction as discussions regarding minors’ access to social media gain prominence in society.

This motion to protect children coincides with a broader international discourse on the subject. During the Australia–India Leaders’ Summit held in July, Prime Minister Narendra Modi expressed admiration for Australia’s regulations that limit access for users under the age of 16. He indicated that India was learning from Australia’s approach, although he did not announce any immediate measures that would mirror those restrictions in India.

Additionally, it has been reported that both Karnataka and Andhra Pradesh are contemplating restrictions on social media usage for children, with proposed age limits set at under 16 and under 13, respectively. Nonetheless, specifics regarding the implementation of these regulations, including formal legislation or enforcement strategies, have yet to be detailed by either state government.

Next Steps by the Supreme Court

Following the proceedings, Solicitor General Tushar Mehta affirmed that the government would investigate the issues raised regarding social media regulation for minors. The Supreme Court has scheduled another hearing on this matter to take place in four weeks, reflecting the urgency and significance of the discussion surrounding children’s safety in the digital landscape.

This ongoing case underscores the necessity for comprehensive policies that can effectively balance the benefits of digital engagement with the imperative to safeguard vulnerable populations, particularly minors, in an increasingly interconnected world.

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