The Supreme Court of India has requested the government to explore creating a statutory framework that compels social media platforms to adhere to Indian laws concerning minors. This development comes as part of a hearing regarding protections for children using digital platforms, initiated by the Just Rights for Children Alliance (JRCA).
Chief Justice Surya Kant led the bench, which included Justices Joymalya Bagchi and V Mohana. During the proceedings, Justice Bagchi emphasized that guidelines shouldn’t just exist on paper. “The software has to be in conformity with Indian law,” he asserted, indicating that social media companies must align their operations with legal requirements.
Solicitor General Tushar Mehta responded positively, stating that the Centre would consider this issue seriously. He mentioned that something can and should be done regarding compliance under Section 79 of the Information Technology Act, which addresses intermediaries.
Citing Existing Law
The JRCA’s plea raises concerns about minors being able to create and manage accounts on digital platforms despite their inability to enter into legally binding contracts. Mehta pointed out that this situation is already partially addressed by the Digital Personal Data Protection Act, 2023. However, senior advocate HS Phoolka highlighted a critical gap: relevant provisions of this new law won’t take effect until 2027.
Phoolka argued there’s no reason to wait for new legislation when current laws already deem contracts entered into by minors as void. Why should we let children continue facing risks online?
Proposed Regulatory Mechanism
During discussions, Solicitor General Mehta suggested considering a regulatory mechanism that requires parental consent for minors accessing these platforms. In such a scenario, contracts could be established between parents and social media companies instead.
The bench acknowledged an important point: many digital platforms operating within India are registered abroad—primarily in countries like the United States—but they’re still responsible for complying with local laws while doing business in India.
- Phoolka further mentioned invoking Section 79 of the IT Act could direct intermediaries to enforce compliance with minor protection laws.
Risks Highlighted
The JRCA has flagged multiple risks associated with children’s access to online platforms—grooming, sexual exploitation, sextortion, cyberbullying—the list goes on. As technology evolves rapidly, what safeguards exist now? The plea underscores an urgent need for reform in how these platforms operate concerning young users.