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India could tighten regulations on children’s access to social media, with the Supreme Court asking the Centre to examine statutory safeguards for users under 18. The issue is not a blanket ban on internet access for minors, but whether children should be allowed to create and maintain social media accounts independently.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, asked the Centre to consider strengthening the existing intermediary rules to ensure social media platforms comply with Indian laws concerning minors.
Justice Bagchi said the safeguards should have a statutory basis rather than remain only guidelines. Solicitor General Tushar Mehta told the court that the government would examine what could be done.
The proceedings follow a petition filed by the Just Rights for Children Alliance (JRCA), which has sought enforceable safeguards for minors using social media and other digital platforms.
The petition relies on Section 11 of the Indian Contract Act, which deals with the legal capacity to enter into contracts. Senior advocate H S Phoolka, appearing for JRCA, argued that existing law already addresses minors’ contractual capacity and that there was no need to wait for the proposed data protection framework.
The petition argues that signing up for social media involves accepting a platform’s terms and conditions, raising questions about how platforms that allow younger users to register align with Indian law.
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One option under consideration is requiring parental or legal guardian consent before users under 18 enter into contracts with social media platforms. The petition also proposes identity verification or e-KYC for parents or guardians.
The proposed changes could require platforms to build systems that comply with Indian legal requirements instead of relying only on their existing minimum-age policies. Platforms such as Facebook and Snapchat currently allow account creation from age 13.
The JRCA petition has flagged risks including online grooming, sexual exploitation, trafficking, sextortion, cyberbullying, behavioral profiling, misuse of personal information and exposure to age-inappropriate content.
The Centre is now examining whether stronger safeguards can be incorporated into the statutory framework governing digital intermediaries. The Supreme Court is expected to hear the matter again after the government considers the issue.
