Supreme Court Pushes for Strict Social Media Regulations for Minors
In an effort to curb the rising concerns surrounding children's digital exposure and online safety, the Supreme Court of India has directed the central government to explore the feasibility of framing a robust legal framework. This framework aims to mandate social media intermediaries and digital platforms to comply with Indian laws, specifically addressing the prohibition of individuals under 18 years of age from independently creating social media accounts.
The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana, was hearing a petition filed by the NGO 'Just Rights For Children Alliance'. The petition highlights how major platforms like Facebook and Snapchat allow children as young as 13 to register accounts, effectively bypassing Indian legal standards where individuals under 18 are legally considered minors and incapable of entering into binding contracts.
Mandatory Parental Consent and E-KYC Verification
The petitioner argued that despite existing penal provisions against storing or distributing abusive or harmful content involving children, technology companies have consistently failed to implement automated content-filtering tools and robust age-verification systems. To combat this, the plea requests that no digital platform should enter into digital contracts with minors without explicit parental consent.
Furthermore, the proposed system suggests incorporating e-KYC verification for parents to authenticate their identity before a minor is granted access to any social media network. The bench noted that these measures should not be restricted to mere voluntary guidelines but must be incorporated as statutory obligations under the Information Technology intermediary rules.
Government Response and Future Implications
Appearing for the Centre, Solicitor General Tushar Mehta informed the bench that the government is closely examining the matter and will take appropriate steps in due course. Legal experts note that if implemented, these guidelines could force global tech giants to radically overhaul their onboarding processes in India, prioritizing child safety and digital accountability.
