The Supreme Court has asked the Centre to examine the possibility of introducing statutory rules to ensure that social media platforms comply with Indian laws governing minors.
A three-judge Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana was hearing a petition filed by the Just Rights for Children Alliance seeking safeguards for children using social media and other digital platforms.
The petition raises concerns over minors independently creating social media accounts by accepting the terms and conditions of digital platforms. It points to Indian contract law, under which minors below 18 cannot independently enter into binding contracts.
During the hearing, the Bench indicated that any safeguards should have a statutory basis rather than remain merely advisory guidelines. Justice Bagchi asked the Centre to examine whether such provisions could be incorporated into the intermediary rules.
The court also discussed whether social media platforms should be required to structure their systems in accordance with Indian laws applicable to minors, including provisions concerning age and consent.
Senior Advocate H.S. Phoolka, appearing for the petitioner, sought enforceable obligations on digital intermediaries to ensure compliance with legal safeguards for children.
Solicitor General Tushar Mehta, appearing for the Centre, said the government would examine the issue. The proceedings also touched upon the Digital Personal Data Protection Act, 2023 and the provisions of the law that are yet to come into force.
The petition comes amid wider judicial scrutiny of the responsibilities of social media intermediaries towards children. In a separate proceeding earlier this month, the Supreme Court examined compliance by digital platforms with legal obligations relating to child sexual exploitation and abuse material.
The Centre’s examination of the issue could determine whether specific statutory obligations are introduced for social media platforms to regulate how minors access and operate accounts in India.