Supreme Court Notice To Centre On Plea Seeking Social Media Safeguards For Minors

The Supreme Court on Thursday issued notice to the Union government on a Public Interest Litigation (PIL) seeking safeguards to protect children below 18 from online exploitation and other risks associated with social media and digital platforms. The petition seeks measures including stronger firewalls and age-related protections to prevent minors from being exposed to potentially harmful online environments.

The matter was heard by a three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana. The PIL was filed by the Just Rights for Children Alliance (JRCA), which has raised concerns about minors being able to independently create and maintain accounts on digital platforms. The petition has questioned whether children should be permitted to enter into such arrangements without parental or legal guardian involvement.

A key issue raised in the plea relates to Section 11 of the Indian Contract Act, 1872. The petition points out that minors do not have the legal capacity to enter into contracts in the same manner as adults. Against this backdrop, the JRCA has sought directions requiring the Centre to inform digital platforms, including social media intermediaries, that contracts entered into by children below 18 are void ab initio and that steps taken in furtherance of such agreements should be suspended.

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The PIL also highlights concerns over the absence of an effective and uniform mechanism for verifying users' age and the legal authority of those creating accounts on behalf of minors. According to the petition, this gap can expose children to several online risks, including grooming, sexual exploitation, digital trafficking, sextortion and cyberbullying. It also flags concerns over behavioural profiling, misuse of children's personal data and exposure to content that may not be appropriate for their age.

The petition has sought the introduction of a specific provision in the Information Technology Rules, 2021, or the framing of appropriate guidelines to ensure that minors do not enter into agreements with digital platforms without the consent of a parent or lawful guardian. It has further sought a mechanism to verify both the identity and authority of the parent or guardian before such consent is accepted. The plea proposes the use of e-KYC or another legally recognised mechanism for carrying out the verification.

The Supreme Court's notice to the Centre marks the beginning of judicial consideration of the safeguards sought by the petitioners. The case raises broader questions about children's legal capacity, parental consent and the responsibilities of digital platforms in protecting minors online. The Centre's response will be important in determining how the government views the proposed safeguards and whether changes to existing rules or additional regulatory measures are required to address the concerns raised in the PIL.

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