Supreme Court Asks Centre to Frame Statutory Rules Enforcing 18-Year Age Limit for Social Media Accounts

India's Supreme Court has directed the Centre to examine framing a statutory framework that would require social media platforms to comply with Indian laws on minors, including age limits and parental consent mechanisms. The direction came while hearing a petition by the Just Rights for Children Alliance, which has raised concerns about children's safety on digital platforms.

The apex court directed the federal government to consider legislating a framework that would oblige social media companies to adhere to domestic laws protecting minors, encompassing the contractual limitations applicable to those under 18 years of age. The three-judge panel, comprising Chief Justice Surya Kant along with Justices Joymalya Bagchi and V Mohana, made the observation during proceedings 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 provision to be codified in law rather than left as a guideline, urging Solicitor General Tushar Mehta to explore embedding it within the intermediary rules as a formal statutory requirement, adding that digital platforms are obligated to build their systems in compliance with domestic legal standards. The Solicitor General informed the Bench that the Centre 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 when they lack the legal standing to enter into enforceable agreements. Mehta argued that the matter fell within the purview of the Digital Personal Data Protection Act, 2023. Counsel HS Phoolka, representing JRCA, drew attention to the fact that the applicable provisions of the data protection legislation would not take effect until 2027. He contended that existing legislation already rendered contracts involving minors unenforceable, making any new statute unnecessary. The Solicitor General put forward the idea of a consent-based framework in which parents would hold a direct contractual agreement with the platform. The court further observed that numerous digital platforms active within the country are headquartered or legally established overseas, including in the United States, yet remain bound by domestic legislation while conducting their operations there. Phoolka argued that the central government held the authority under Section 79 of the IT Act to instruct intermediaries to adhere to regulations protecting minors. The submission outlined a range of harms that digital platforms pose to minors, encompassing predatory contact, sexual exploitation, trafficking, coercive image-based abuse, behavioural data collection, unauthorised use of personal information, and peer harassment.

Supreme Court Asks Centre to Frame Statutory Rules Enforcing 18-Year Age Limit for Social Media Accounts

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Supreme Court Asks Centre to Frame Statutory Rules Enforcing 18-Year Age Limit for Social Media Accounts

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