Protecting Minors Online
Supreme Court Asks Centre to Enforce Social Media Safeguards for Minors
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India’s Supreme Court has asked the central government to consider statutory safeguards requiring social media and other digital platforms to comply with laws governing minors. The case, brought by the NGO Just Rights for Children Alliance, argues that children under 18 cannot independently enter contracts under Indian law, including the terms of service required to open many social-media accounts. Justice Joymalya Bagchi urged the government to move beyond voluntary guidelines and consider enforceable rules under the intermediary framework; the Centre said it would examine the issue. The petition also seeks protections against risks including online grooming, cyberbullying, sexual exploitation and misuse of children’s personal data.
Key Points
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Justice Joymalya Bagchi urged the Centre to require platforms to configure their software in conformity with Indian law, saying, “The software has to conform with Indian law.”
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The petition says platforms including Facebook and Snapchat allow users as young as 13 to open accounts largely by entering their own birth dates, which it argues conflicts with India’s under-18 contract rules.
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The petitioner argued that the government need not wait for a proposed data-protection framework to act, because existing Indian law already recognises minors’ legal incapacity to enter contracts.
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One report said the court noted that account access might be allowed after a specified age if it is subject to parental supervision.
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