The Supreme Court has asked the Centre to examine whether protections for minors using social-media platforms can be incorporated into statutory rules, including provisions relating to the legal age for independently entering contracts. The matter concerns whether platforms should be required to account for India's legal framework governing minors when users agree to digital terms of service while creating accounts.
A bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, was hearing a Public Interest Litigation filed by the Just Rights For Children Alliance. The petition seeks stronger safeguards for children on social-media platforms, including measures that would prevent those below 18 from independently creating and accessing accounts. The Supreme Court's current cause list confirms the bench composition of Chief Justice Surya Kant and Justice Joymalya Bagchi.
During the proceedings, Justice Bagchi raised the question of whether agreeing to a platform's terms of service could amount to entering into a contract. He referred to Section 11 of the Indian Contract Act, 1872, in discussing the legal position of minors. Solicitor General Tushar Mehta, appearing for the Centre, indicated that the government could examine the issue and consider appropriate action.
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The petition has highlighted concerns including online grooming, cyberbullying, sextortion, sexual exploitation and the misuse of children's personal information. It also points to the age policies of major social-media platforms, where account creation for younger users can depend largely on the date of birth provided during registration. The plea argues that stronger mechanisms are required to prevent children from independently accessing such services without appropriate parental or guardian involvement.
The petition does not seek a blanket prohibition on children's access to the internet. Instead, it asks for safeguards including parental or guardian consent and technical mechanisms designed to prevent minors from independently creating social-media accounts. The proceedings have therefore placed questions around age verification, contractual consent and child protection before the Centre, which has been asked to examine whether the proposed safeguards can be given a statutory basis rather than remaining only within guidelines.
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