New Delhi: The Supreme Court has asked the Centre to examine whether statutory rules can be introduced to ensure that social media platforms comply with Indian laws when minors create accounts.
A three-judge Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, was hearing a public interest litigation filed by the Just Rights for Children Alliance. The petition seeks safeguards for children below 18 who use social media and other digital platforms.
The petition raises concerns about minors independently creating accounts and agreeing to the terms and conditions of digital platforms. It refers to Section 11 of the Indian Contract Act, which deals with the legal capacity of minors to enter into contracts.
The petitioner has sought measures such as age verification and parental consent rather than a blanket restriction on children’s access to the internet.
Supreme Court Discusses Existing IT Rules
Senior Advocate HS Phoolka, appearing for the petitioner, submitted that the government could act under the existing legal framework without waiting for the data protection regime to take effect.
The Bench also considered whether the existing intermediary rules could be used to direct social media platforms to make their systems comply with Indian law.
Justice Joymalya Bagchi indicated that any requirement relating to minors and social media accounts should have a proper statutory basis rather than being limited to executive guidelines. The court also referred to the regulatory framework governing intermediaries, including Section 79 of the Information Technology Act.
The petitioner’s side argued that the existing framework could be used to issue directions to digital platforms.
Centre to Examine Statutory Requirement
Solicitor General Tushar Mehta, representing the Centre, told the Bench that the government would examine the matter.
The court also considered whether the current intermediary rules already contain any minimum-age requirement for creating social media accounts. The discussion focused on whether such a provision could be given statutory force.
The Centre agreed to examine the existing rules and the possibility of introducing a statutory requirement for platforms. The matter is expected to be considered further after the government examines the issue.
HS Phoolka and advocate Saksham Maheshwari appeared for the Just Rights for Children Alliance, while Solicitor General Tushar Mehta represented the Centre.
Petition Seeks Greater Protection for Children Online
The petition filed by the Just Rights for Children Alliance seeks safeguards for minors using social media and other digital services. Earlier, the Supreme Court had issued notice to the Centre on the plea, which raised concerns about children independently maintaining accounts despite the legal position concerning minors’ ability to enter into contracts.
The latest proceedings focus on whether existing laws and intermediary rules can be used, or whether a specific statutory framework is required to address the issue.
Disclaimer
This report is based on information available from court proceedings and published reports. The discussions and observations mentioned in the article do not by themselves represent a final change in law. Readers should refer to official court orders and government notifications for the latest legal position.