The Indian government is actively considering new, legally binding safeguards for social media platforms regarding users under 18, following strong concerns raised by the Supreme Court. The court has emphasized the need for a comprehensive legal framework to protect children online, moving beyond voluntary compliance from tech companies.
Supreme Court Highlights Minors' Inability to Contract
During recent proceedings, the Supreme Court pointed out a critical legal loophole: children under 18 are legally unable to enter into binding contracts, yet they can freely create accounts and agree to terms and conditions on social media platforms. H.S. Phoolka, representing a petitioner NGO, and Solicitor General Tushar Mehta, for the Centre, both acknowledged this disparity, advocating for measures to prevent such agreements.
Government Pledges Action on Under-18 Social Media Use
Solicitor General Tushar Mehta assured the Supreme Court that the government is committed to addressing these concerns. "Something can be done, something should be done and will be done. We have to come back…" Mehta stated, indicating a forthcoming response from the Centre. Justice Bagchi underscored that any new requirements must carry the force of law, rather than being mere guidelines, suggesting their inclusion in statutory intermediary rules.
Demands for Legally Enforceable Safeguards
The petition driving this discussion does not seek an outright ban on internet or social media access for children. Instead, it calls for platforms to introduce stronger, legally enforceable safeguards, including robust age verification systems and mandatory parental consent mechanisms for users under 18. Justice Bagchi explicitly directed the Centre to ensure that social media platforms modify their software and operations to align with Indian laws concerning minors.
"Please pass directions under the intermediary rules that they fashion their software, or whatever the platform is called, in conformity with Indian law. The software has to conform with Indian law. That is our request," Justice Bagchi told the solicitor general. "Not a request, a direction," Mehta responded.
The court also highlighted that restrictions applicable to minors on social media platforms in countries like the US are being "imported into Indian digital space," which is deemed "impermissible under Indian law." The Supreme Court has tasked the Centre with examining whether existing Intermediary Rules can be leveraged to mandate these technological and operational changes, ensuring compliance with India's legal framework for children.