Supreme Court Asks Centre to Create Statutory Framework for Minors on Social Media Platforms

India's Supreme Court has asked the Central Government to consider placing into a statutory framework the requirement for social media platforms to comply with Indian laws on minors, particularly the legal incapacity of those under 18 to independently enter contracts. The directive came during a hearing of a plea by the Just Rights for Children Alliance. The court noted that existing provisions and the forthcoming Digital Personal Data Protection Act may not offer immediate protection, and suggested regulatory mechanisms such as parental consent could be explored.

On Monday, the Supreme Court directed the central government to consider establishing a legislative framework that would formally oblige social media platforms to adhere to domestic laws protecting minors, encompassing the legal principle that individuals under 18 lack the capacity to independently enter into binding agreements. The matter came before a three-judge panel comprising Chief Justice Surya Kant alongside Justices Joymalya Bagchi and V Mohana, who were deliberating on a petition filed by the Just Rights for Children Alliance seeking protective measures for minors on social media and digital platforms. Justice Bagchi called for the requirement to be codified in law rather than left as a guideline, urging Solicitor General Tushar Mehta to explore embedding it within the intermediary rules in a statutory form, adding that digital platforms are obligated to align their systems with the provisions of domestic legislation. The Solicitor General informed the bench that the government would look into the matter, adding that action on the issue was both possible and intended, with a reference made to Section 79 of the Information Technology Act, which governs intermediary liability. The petition questioned whether young people could lawfully set up and manage accounts on online platforms given that they lack the legal standing to enter into enforceable agreements. Mehta contended that the matter fell within the purview of the Digital Personal Data Protection Act, 2023. Counsel HS Phoolka, representing JRCA, noted that the applicable provisions of the data protection legislation would not take effect until 2027. He contended that waiting for the new legislation was unnecessary, given that contracts involving minors are already void under current law. The Solicitor General proposed that a framework built around parental authorisation might be worth exploring, with any contractual arrangement formed directly between guardians and the platform in question. The court further observed that numerous online platforms functioning within India are chartered or headquartered overseas, the United States among them, yet remain bound by domestic legal obligations while conducting their operations there. Phoolka argued that Section 79 of the IT Act empowers the Centre to instruct intermediaries to adhere to regulations protecting minors. The petition outlined a range of harms that digital platforms pose to minors, encompassing grooming, sexual exploitation, trafficking, sextortion, behavioural profiling, unauthorised use of personal data, and cyberbullying.

Supreme Court Asks Centre to Create Statutory Framework for Minors on Social Media Platforms

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Supreme Court Asks Centre to Create Statutory Framework for Minors on Social Media Platforms

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