Supreme Court Seeks Centre’s Response on Plea Seeking Restrictions for Minors on Social Media
The Supreme Court on Thursday asked the Central government to respond to a petition seeking restrictions on minors creating and operating social media accounts. The court observed that appropriate safeguards are required to protect children online.
A three judge bench headed by Chief Justice of India Surya Kant issued notices to the Ministries of Electronics and Information Technology, Law and Labour regarding the petition filed by the NGO Just Rights for Children Alliance.
The petition raises questions about how minors can agree to the terms and conditions of social media platforms when Indian law does not recognise their capacity to enter into a valid contract. It argues that children should not be able to independently accept online agreements while registering accounts on such platforms.
Senior Advocate HS Phoolka, appearing for the petitioner, told the bench, which also includes Justice Joymalya Bagchi and Justice V Mohana, that children below 13 years are not permitted to use social media in the United States.
The Chief Justice of India, apparently responding to the concerns raised during the hearing, observed, “We need some safeguard in India.” Justice Bagchi also remarked, “There should be some firewalls.”
The Public Interest Litigation was filed through Advocate Saksham Maheshwari. It states that children below 18 years are currently able to independently open and operate social media accounts, despite provisions under Section 11 of the Indian Contract Act that recognise the legal incapacity of minors to enter into contracts.
The petition refers to the established legal position that an agreement made by a person who was a minor at the time of entering into it is void from the beginning. It argues that the absence of a practical and consistent system to apply this legal principle in the digital environment leaves children exposed to several potential dangers.
These concerns include online grooming, sexual exploitation, trafficking, profiling based on behaviour, misuse of personal information, cyberbullying and access to content that may not be appropriate for their age. The petition states that such risks can affect children’s safety, dignity, development and overall well being.