Supreme Court Directs Centre to Consider Statutory Framework for Minors on Social Media Platforms

The Supreme Court of India directed the central government to consider creating a statutory framework requiring social media platforms to comply with Indian laws protecting minors, including their legal inability to independently enter binding contracts. The bench, headed by Chief Justice Surya Kant, was hearing a petition by the Just Rights for Children Alliance. Key points of debate included Section 79 of the IT Act, the pending Digital Personal Data Protection Act 2023, parental consent mechanisms, and the applicability of Indian law to foreign-incorporated platforms.

On Monday, the apex court directed the Union government to explore drafting a legislative framework that would obligate social media platforms to adhere to domestic laws protecting minors, including provisions acknowledging that those below the age of 18 lack the legal capacity to enter into contracts on their own. A three-judge panel comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana issued the order while deliberating on a petition brought forward by the Just Rights for Children Alliance (JRCA). Protections for minors on social media and other digital platforms were among the measures the organisation pursued. Justice Bagchi made clear that adherence to legislation protecting minors carries binding force, not merely advisory weight. He directed Solicitor General Tushar Mehta to examine giving the mandate a legislative form within the intermediary rules, noting that the software would need to align with domestic law, and that digital platforms would be required to structure their systems accordingly. The Solicitor General told the court that the government would look into the issue, indicating that action was both possible and forthcoming, while pointing to Section 79 of the Information Technology Act, which governs the liability of intermediaries. The filing contested whether young people under the age of legal majority could register for and use online accounts without parental oversight, given their recognised inability to enter into enforceable agreements. The matter, Mehta observed, falls within the purview of the Digital Personal Data Protection Act, 2023. Advocate HS Phoolka, acting on behalf of JRCA, noted that the applicable clauses of the data protection legislation are not scheduled to take effect until 2027. The position put forward was that current legislation already renders contracts involving minors unenforceable, removing any necessity to delay pending new laws. The Solicitor General put forward a possible framework under which parental approval would be required, with a formal agreement drawn up between the parent and the platform operator. The court further noted that numerous online platforms active within the country are chartered or headquartered outside India, often in the United States, yet remain bound by domestic regulations wherever they operate. Phoolka argued that Section 79 of the IT Act grants the Centre authority to direct intermediaries to adhere to laws safeguarding minors. The document drew attention to a range of harms that minors may encounter on digital platforms, among them online grooming, sexual exploitation, trafficking via digital channels, sextortion, behavioural profiling, unauthorised use of personal data, and cyberbullying.

Supreme Court Directs Centre to Consider Statutory Framework for Minors on Social Media Platforms

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Supreme Court Directs Centre to Consider Statutory Framework for Minors on Social Media Platforms

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