Supreme Court Asks Centre to Consider Statutory Rules for Minors' Social Media Accounts
The Supreme Court has asked the Union government to examine whether statutory rules can require social media platforms to comply with Indian law on contracts entered into by minors. The hearing on September 28 could shape how children below 18 open and use accounts on platforms in India.
The Case
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is hearing a public interest petition by the NGO Just Rights for Children Alliance. The court first sought the Centre's response on September 10.
The petition's central argument:
- When users sign up for social media, they accept the platform's terms of service, which is a contract.
- Under Section 11 of the Indian Contract Act, 1872, a minor is not competent to contract.
- Many platforms allow users from age 13, following US rules, rather than Indian law.
The petitioners sought age verification, parental consent and other safeguards.
What the Court Said
According to Bar & Bench and Business Today, the bench asked the Centre to examine whether the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules could be used to require platforms to redesign their systems so they conform to Indian law on minors. Justice Bagchi observed that platforms registered under US law had imported US age thresholds into India, which he said was impermissible under Indian law.
The Government's Position
MediaNama, citing Business Standard and The Times of India, reported that Solicitor General Tushar Mehta told the court the Centre would amend the intermediary rules to stop platforms from allowing users under 18 to create accounts and would make this a statutory obligation. Senior advocate H.S. Phoolka, for the petitioner, argued there was no need to wait for the full implementation of the Digital Personal Data Protection framework, since existing law already recognises minors' contractual incapacity.
Why It Matters
- India has one of the world's largest populations of young internet users.
- The Digital Personal Data Protection Act, 2023 already requires verifiable parental consent for processing children's personal data.
- Several countries, including Australia, have moved to restrict social media access for younger teens, and similar debates are under way in Indian states.
The Other Side
Child-rights and digital-rights groups have also raised concerns. Some young participants in consultations argued that blanket restrictions could cut off marginalised teenagers and girls in remote areas from information and community. Mandatory age verification also raises privacy questions, since it may require collecting identity data.
What Happens Next
The proceedings are not a final nationwide ban. The Centre is expected to report back on draft rule changes, and any amendment to the IT Rules would likely go through public consultation.
FAQ
Has India banned social media for under-18s?
No. The court has asked the government to consider binding rules; no ban is in force.
Why does the Contract Act matter?
Because accepting platform terms creates a contract, and Indian law says minors cannot validly enter contracts.