SC issues notice to Centre on plea seeking social media restrictions for minors
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New Delhi: The Supreme Court on Thursday issued notice to the Centre on a Public Interest Litigation (PIL) seeking directions to ensure that children below 18 years of age are not allowed to independently create or maintain accounts on social media and other digital platforms.
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana issued the notice on a plea filed by the Just Rights for Children Alliance through advocate Saksham Maheshwari.
The PIL contends that children below 18 are currently permitted to independently create and maintain accounts on social media platforms despite their statutory incapacity to enter into contracts under Section 11 of the Indian Contract Act, 1872.
It argues that an agreement entered into by a minor is “void ab initio” and that the absence of an effective and uniform mechanism to give practical effect to this legal incapacity in the digital environment exposes children to several foreseeable risks.
These risks include online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying, exposure to age-inappropriate content and other harms affecting children’s “safety, dignity, development and well-being”.
The petitioner organisation has sought directions to the Union government to ensure that people below 18 are not permitted to enter into contracts with digital platforms, including social media, online gaming, content-sharing, live-streaming and other user-generated-content platforms.
At the same time, the plea seeks to allow children access to lawful, educational and age-appropriate digital content through accounts maintained and controlled by their parents or lawful guardians, subject to an appropriate regulatory framework.
The petition has referred to the Digital Personal Data Protection Act, 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and a NITI Aayog report on online safety for children.
It has also relied on the terms of service of platforms including Meta, Snap, YouTube and Instagram, besides referring to incidents involving the alleged enticement of minors through social media platforms and their subsequent exploitation.
The plea cited an incident in which girls were allegedly lured through a K-pop-related lure and subsequently rescued. It also included a chart documenting incidents involving the alleged enticement of minors through social media platforms and their consequent exploitation.
The petition contends that the existing digital ecosystem does not provide an adequate and uniform mechanism to protect minors from online harms and that children require enhanced safeguards because of their age and vulnerability.
The PIL has sought appropriate directions for creating a regulatory framework that balances children’s access to lawful and educational digital content with safeguards against exploitation and other online risks.
The matter has been tentatively listed for further hearing on September 25.
With IANS inputs