India is considering stricter rules regarding minors on social media as the Supreme Court directs the Centre to evaluate statutory protections for users under the age of 18. Rather than proposing a complete internet ban for children, the judicial focus centers on whether minors should retain the ability to independently open and operate social media profiles.
What the Supreme Court Said
Led by Chief Justice of India Surya Kant and joined by Justices Joymalya Bagchi and V Mohana, the bench instructed the Centre to explore bolstering current intermediary regulations to guarantee that social media companies adhere to domestic laws regarding children.
Justice Bagchi emphasized that these protections need a statutory foundation instead of relying strictly on advisory guidelines. In response, Solicitor General Tushar Mehta informed the court that the administration would review potential actions.
These legal steps stem from a petition submitted by the Just Rights for Children Alliance (JRCA), which demands enforceable protections for minors navigating social media and other digital platforms.
Why Age of 18 Matters
The legal filing draws upon Section 11 of the Indian Contract Act, which governs a person’s legal ability to form contracts. Representing the JRCA, Senior Advocate H S Phoolka contended that current legislation already covers the contractual limitations of minors, meaning there is no requirement to delay action until a new data protection framework is finalized.
The petition points out that registering for social media requires agreeing to a platform’s terms of service, which calls into question how companies permitting younger registrations comply with domestic legal standards.
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Parental Consent Could be Considered
A potential solution being evaluated involves mandating authorization from a parent or legal guardian prior to individuals under 18 entering agreements with social media networks. Additionally, the petition suggests implementing identity verification or electronic KYC processes for parents and guardians.
Instead of depending solely on self-regulated minimum-age policies—such as the standard age limit of 13 currently enforced by platforms like Facebook and Snapchat—these potential updates might obligate companies to develop infrastructure that satisfies domestic legal mandates.
What Happens Next
The JRCA lawsuit highlights numerous hazards, such as online grooming, sexual exploitation, human trafficking, sextortion, cyberbullying, behavioral profiling, the misuse of personal data, and exposure to material unsuitable for minors.
The Centre is presently reviewing the integration of more robust safeguards within the statutory framework that regulates digital intermediaries. The Supreme Court anticipates revisiting the case once the government finishes its evaluation.
