Supreme Court asks Centre to consider parental consent for minors on social media
The Supreme Court on Monday asked the Centre to consider whether children under 18 should be prevented from creating social media accounts without parental consent.
It suggested examining whether Indian contract law, which does not allow minors to enter into contracts independently, could provide a basis for rules governing such accounts.
Solicitor General Tushar Mehta said the government would look into the issue. The court will hear the matter again in four weeks.
The court was hearing a petition by Just Rights for Children Alliance seeking safeguards for minors on social media and other digital platforms. The NGO wants platforms to obtain the consent of a parent or legal guardian before allowing a child to sign up.
The petition points out that platforms such as Facebook and Snapchat allow users aged 13 and above to create accounts. It argues that signing up requires users to accept terms of service, even though people under 18 cannot independently enter into contracts under Indian law.
The NGO has sought changes to the Information Technology Rules, 2021, or separate guidelines requiring parental consent. It has also proposed identity checks for parents or guardians where appropriate.
Without safeguards, the petition says, children face risks including online grooming, sexual exploitation, cyberbullying, misuse of personal data and exposure to content unsuitable for their age.
The petition comes amid a wider debate over children’s access to social media. At an Australia–India leaders’ summit in July, Prime Minister Narendra Modi praised Australia’s restrictions for users under 16 and said India was “taking lessons” from its approach. He did not announce a similar measure for India.
Karnataka and Andhra Pradesh have also announced plans to restrict social media access for children under 16 and under 13, respectively. Neither state has set out a law or enforcement mechanism for its proposal.- Ends
Aneesha Mathur is a Special Correspondent for India Today where she puts her LLB degree to use covering Legal issues and cases in the Supreme Court of India, Delhi High court and other courts/tribunals.
Aneesha joined India Today in October 2018. After graduating from St Stephen's College and Faculty of law,Delhi University, she spent the formative years of her career in print Media.
Her interest in journalism stems from experience while interning with Legal services and Juvenile justice board as a law student, where she learnt the importance of ensuring that accurate information reaches the world, and that stories about individual experiences and statistics that show a "bigger picture" must supplement each other so other people can see what the large impact of a small thing can be. When not working or thinking about the law and it's state, Aneesha hides from reality in fantasy novels, rom-coms and food.
