New Delhi: The Supreme Court has sought the Centre’s response to a petition seeking restrictions on social media use by children, observing that stronger safeguards may be needed to protect minors from online risks.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, issued notice to the Centre while hearing a plea filed by the Just Rights for Children Alliance. The court observed that “some firewall” was necessary to protect children from potential harm on digital platforms.
The petition has raised concerns over social media companies allowing children above the age of 13 to independently create accounts. It argued that minors below 18 cannot legally enter into contracts under Section 11 of the Indian Contract Act, 1872. Yet, children are required to accept terms of service, user agreements and privacy policies when opening social media accounts.
Senior advocate HS Phoolka, appearing for the petitioners, told the court that the issue goes beyond contractual concerns. The plea highlighted cases involving children being exposed to cyberbullying, sexual exploitation, trafficking and other forms of online abuse.
The petition also raised concerns over the collection and processing of children's personal data. It referred to the Digital Personal Data Protection Act, 2023, which recognises children as particularly vulnerable and requires verifiable parental or guardian consent for processing their personal information.
The petitioners have asked the Centre to declare social media accounts independently opened by children below 18 as legally invalid. Until appropriate regulations are framed, they have sought directions preventing digital platforms from entering into agreements directly with minors.
However, the plea proposes that children should still be able to access lawful and age-appropriate educational content through accounts controlled by parents or legal guardians.
The issue has already led to strict measures in several countries. Australia has banned children below 16 from holding social media accounts, with heavy penalties for platforms that fail to comply. Malaysia and Indonesia have also introduced restrictions for users below 16, while the UAE has adopted age-based controls.
In the United States, children below 13 require verifiable parental consent for certain online services. The UK and Canada have also considered stronger age restrictions, although proposed measures have not been fully implemented.
The Supreme Court’s intervention has brought the growing debate over children's online safety into sharper focus. The Centre's response will be important in determining whether India moves towards stronger age-based regulation and greater parental control over minors' access to social media.
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