Supreme Court asks Centre to examine statutory safeguards for minors on social media

The Supreme Court has asked the Centre to examine whether statutory provisions can be introduced to ensure social media platforms comply with Indian laws governing minors, including the legal bar on children below 18 independently entering into contracts.

A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a plea filed by the Just Rights for Children Alliance seeking safeguards for minors using social media and other digital platforms.

Senior Advocate H.S. Phoolka, appearing for the petitioner, submitted that contracts entered into by minors are void under existing Indian law. He argued that online intermediaries should therefore be placed under legally enforceable obligations to ensure that their platforms comply with statutory protections applicable to children.

Justice Bagchi indicated that any such requirement should not remain confined to a guideline and asked the Centre to examine whether it could be incorporated in statutory form under the intermediary rules.

The bench also indicated that digital platforms should be required to design their systems in conformity with Indian law governing minors. The discussion centred on whether the existing intermediary framework could be used to impose such obligations on social media platforms.

Solicitor General Tushar Mehta, appearing for the Centre, told the court that the government would examine the issue and take the necessary steps. He also indicated that the matter could have a bearing on the Digital Personal Data Protection Act, 2023, while the petitioner's counsel pointed out that relevant provisions of the data-protection framework are yet to come into force.

The plea raises broader concerns over the ability of minors to independently create and maintain accounts on social media platforms despite restrictions under Indian law on their capacity to enter into binding contracts.

The Supreme Court's latest observation leaves the Centre to examine whether specific statutory obligations should be incorporated into the intermediary rules to ensure that digital platforms operating in India comply with existing legal safeguards applicable to minors.

The matter forms part of a broader legal scrutiny of the responsibilities of social media intermediaries in protecting children online. In a separate proceeding earlier this month, the Supreme Court had also examined compliance by intermediaries with statutory obligations relating to child sexual exploitation and abuse material.