Kids' social media access a policy matter for govt: Delhi High Court

The Delhi High Court has ruled that banning children's access to social media is a policy matter best left to the government. It disposed of a PIL, asking the Centre to consider the issues raised and consult stakeholders before making a decision.

Court Leaves Decision to Government

The Delhi High Court on Thursday observed that banning or restricting children's access to social media platforms is a matter of policy and is best left to the government.

A Division Bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora disposed of a Public Interest Litigation (PIL) seeking restrictions on children's access to social media and measures to prohibit the circulation of Child Sexual Abuse Material (CSAM). The Bench said the Central Government would consider the issues raised in the petition and take an appropriate decision after considering the suggestions made by the petitioners and consulting all relevant stakeholders, including social media intermediaries. The Court, however, made it clear that it was not prescribing any timeline for the government to take a decision on the issues.

Details of the Public Interest Litigation

The order came on a PIL filed by Kirti Dua, mother of a three-year-old child, and paediatrician Dr Sharad Gupta, who have sought stronger safeguards to protect children from harmful online content, cyber risks and excessive use of social media. The petitioners had sought directions for restricting access to social media platforms for children below 13 years of age, along with a comprehensive regulatory framework dealing with online child safety.

The plea had raised concerns regarding children's exposure to sexually explicit and age-inappropriate material, cyberbullying and features of social media platforms that may contribute to addictive use. It also highlighted the potential impact of such exposure on children's mental, emotional and physical well-being.

Petitioners' Demands and Arguments

The petitioners had argued that although India has various legal provisions dealing with online safety, data protection and child protection--including the Information Technology Act, Information Technology Rules, Digital Personal Data Protection Act and the Protection of Children from Sexual Offences (POCSO) Act--there was a need for stronger and more comprehensive implementation and safeguards.

Among the measures sought in the PIL were binding guidelines or legislation restricting social media access for children below 13, robust age-verification mechanisms, parental consent requirements and greater accountability for social media platforms in preventing minors from accessing harmful material. The plea also relied on judicial precedents concerning online child safety and CSAM, besides referring to regulatory developments in other jurisdictions that have introduced additional safeguards for minors using social media platforms.

The PIL had earlier come up before a Bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia. During the hearing, Justice Karia recused himself from hearing the matter, following which it came before the present Bench.

Respondents in the Petition

The respondents in the petition include the Union Government through the Ministries of Electronics and Information Technology, Women and Child Development, Education and Health, besides the National Commission for Protection of Child Rights (NCPCR) and major social media platforms including Meta, Alphabet (Google), Telegram, Snap Inc. and X Corp.

With Thursday's order, the High Court has left it to the Central Government to examine the concerns raised in the PIL and decide on the appropriate policy or regulatory response after consulting stakeholders. The Court has not directed the government to impose an immediate ban or restriction on children's access to social media, nor has it prescribed a deadline for taking a decision. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)