New Delhi, Sep 10 (IANS): The Supreme Court on Thursday issued notice to the Centre on a Public Interest Litigation (PIL) seeking directions to ensure that children below the age of 18 are not permitted to independently create and maintain accounts on social media and other digital platforms.
A Bench of the Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana issued the notice on the plea filed by Just Rights for Children Alliance through advocate Saksham Maheshwari.
The PIL contends that children below 18 are presently permitted to independently create and maintain accounts on social media platforms despite their statutory incapacity to enter into contracts under Section 11 of the Indian Contract Act, 1872. It contends that an agreement entered into by a minor is “void ab initio” and argues that the absence of an effective and uniform mechanism giving practical effect to this legal incapacity in the digital environment exposes children to several foreseeable risks.
These risks include online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying, exposure to age-inappropriate content and other harms affecting children’s “safety, dignity, development and well-being”.
The petitioner organisation has sought directions to the Union government to ensure that persons below 18 years of age are not permitted to enter into contracts with digital platforms, including social media, online gaming, content-sharing, live-streaming and other user-generated-content platforms.
However, the plea seeks that children be allowed access to lawful, educational and age-appropriate digital content through accounts maintained and controlled by their parents or lawful guardians, subject to an appropriate regulatory framework.
The petition has referred to the Digital Personal Data Protection Act, 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and a NITI Aayog report concerning online safety for children. It has also relied upon the terms of service of platforms including Meta, Snap, YouTube and Instagram, besides referring to incidents concerning the alleged enticement of minors through social media platforms and their subsequent exploitation.
The plea has cited an incident in which girls were allegedly trapped through a K-pop lure and subsequently rescued, along with a chart documenting incidents relating to the enticement of minors through social media platforms and consequent exploitation.
The petition has contended that the existing digital ecosystem does not provide an adequate and uniform mechanism to protect minors from online harms and that children require enhanced safeguards given their age and vulnerability.
The PIL has sought appropriate directions to create a regulatory framework that balances children’s access to lawful and educational digital content with safeguards against exploitation and other online risks.
The matter has been tentatively listed for further hearing on September 25.
