No social media for under 18s? Centre mulls new safeguards after SC raises concern

Social media platforms could be restricted in India for users under 18, as the Supreme Court has asked the central government to consider specific laws for digital platforms to follow Indian laws, especially for minors. H.S. Phoolka, who represented the petitioner NGO, and Solicitor General Tushar Mehta, representing the Centre, told the Supreme Court that children under 18 should not be able to enter into legally binding agreements with social media companies, and platforms should have safeguards to prevent such contracts.

Furthermore, the Supreme Court wants the government to consider making legally binding rules for social media and other digital platforms, rather than simply asking companies to voluntarily follow child-safety measures. Therefore, the legal framework is under consideration, and the government has agreed to examine the issue.

According to a PTI report, Solicitor General Tushar Mehta, appearing for the Centre, told the bench, "Something can be done, something should be done and will be done. We have to come back…"

Justice Bagchi emphasised that the requirement should have the force of law rather than remain a guideline, asking the Solicitor General to examine its inclusion in the statutory intermediary rules.

"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 said.

According to the petition, children under 18 can currently create and operate social-media accounts and use other digital platforms independently, without a consistent and legally enforceable system addressing their inability to enter contracts. In addition, it is not asking to ban children from using the internet or social media altogether. Instead, it wants platforms to introduce stronger safeguards such as age verification, parental consent, and other protections for users under 18.

Justice Bagchi asked the Centre to ensure that social media platforms actually comply with Indian laws relating to children. Importantly, he indicated that this could require platforms to change how their technology works.

"They have registered under the laws of US and imported into Indian digital space the restrictions which are applicable in US (on minors' opening accounts on social media platforms), which is impermissible under Indian law," he said. The Supreme Court asked the Centre to examine whether the Intermediary Rules could be used to require social-media platforms to modify their technology and software to ensure compliance with Indian laws governing minors.

The petition further says that the government should not wait for the Digital Personal Data Protection Act to take full effect, as existing Indian law already prevents minors from entering into legally valid contracts.