Supreme Court asks how children can have social media accounts, as underlying contracts are legally void

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The Supreme Court on Monday (September 28, 2026) questioned how Indian children can have accounts on social media platforms, given that these accounts are activated on the basis of contracts drawn up between the children and the platforms despite the fact that minors are legally incompetent to enter contracts under Indian law.

Such contracts are completely void from the beginning or void ab initio, noted a Bench headed by Chief Justice of India Surya Kant.

“What are these social media platforms doing? Are they permitting children as young as 12 years to 15 years to have accounts? Let us say Twitter: can a 15-year-old child have a Twitter account? And what is an ‘account’? It is a contract between the social media platform and a child,” Justice Joymalya Bagchi said, addressing the Union government side, represented by Solicitor General Tushar Mehta.

The court was hearing a plea filed by Just Rights for Children Alliance (JRCA), an NGO founded by Bhuwan Ribu and represented by senior advocate H.S. Phoolka, seeking safeguards for children accessing social media and other digital platforms.

Justice Bagchi said a statutory framework has to be molded, using existing laws to specifically address these issues.

The Solicitor General submitted that the issue raised in the petition was, prima facie, covered by the Digital Personal Data Protection Act, 2023.

Mr. Phoolka submitted that the relevant provisions of the Act would come into force only in 2027 and therefore could not address the issue in the interim.

Acknowledging the submission made by Mr. Phoolka, the law officer said that “a similar regime can be adopted in other laws which say that if you are less than 18 years old, you will need parental consent, and the contract will be signed by the parent”.

The court said the “contracts” between minors and social media platforms/digital intermediaries were simply contrary to the law of the land.

“Our request to you is, as the government, please pass some directions under the Intermediary Rules that they should fashion their software or platform in conformity with Indian law. They must conform to the 18-year minimum threshold in giving memberships,” Justice Bagchi addressed the law officer.

“Something can be done, something should be done, and it will be done,” Mr. Mehta assured the court.

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