Centre Supports Supreme Court Move to Legally Bar Minors From Social Media
Supreme Court urges statutory bar on social media accounts for minors; Centre signals readiness.
advertisement
The Supreme Court has asked the Government of India to introduce statutory rules to prevent minors under 18 from creating or operating social media accounts. The Centre has indicated its willingness to comply, with the Solicitor General confirming that the government is prepared to act. The court’s directive follows a public interest litigation seeking safeguards for children online, citing their legal incapacity to enter contracts under Indian law.
According to The Indian Express, the Supreme Court bench, led by Chief Justice of India Surya Kant, specifically requested the Centre to issue directions under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The bench emphasised that social media intermediaries must ensure their platforms require a minimum age of 18 for membership, aligning with Indian statutory requirements.
As reported by Hindustan Times, the court questioned how platforms could allow children as young as 12 or 13 to open accounts, noting that such practices contravene the Indian Contract Act. The bench stated, “How can these platforms allow 12 to 13 year olds to have accounts? It is contrary to the law of the land.”
The Centre, represented by Solicitor General Tushar Mehta, acknowledged the statutory gap and agreed that minors cannot enter into contracts. Statements in court indicated that the government is ready to invoke relevant provisions of the IT Rules to address the issue. The court also highlighted that current practices by social media companies, often based on foreign legal standards, do not conform to Indian law.
“It is our request to the government of India. You pass some directions under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 so that these intermediaries fashion their software in conformity with Indian laws,” the bench stated.
Petitioners argued that children’s exposure to social media poses risks such as online grooming, exploitation, cyberbullying, and misuse of personal data. Coverage revealed that the Digital Personal Data Protection Act, 2023, requires verifiable parental consent for processing a child’s data, but does not explicitly bar minors from opening accounts.
The Supreme Court noted that, under Section 3 of the Majority Act, 1875, and Section 11 of the Indian Contract Act, 1872, only those aged 18 or above are competent to contract. Analysis showed that social media platforms currently allow minors to create accounts by self-declaration of age, which the court found insufficient for compliance with Indian law.
The bench warned that if the government does not act, the court may be compelled to issue direct orders to intermediaries. The Centre requested time to examine the intermediary rules and propose statutory measures. The court’s direction is part of ongoing efforts to address the legal and safety challenges posed by minors’ access to digital platforms as proceedings continue.
“On membership, they must invoke the minimum age of 18 years. Otherwise, we will be compelled to pass directions against the intermediaries,” the bench observed.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.