Supreme Court directs Centre to put social media child safety in law

The Supreme Court has asked the Centre to consider creating a statutory framework to ensure social media platforms comply with Indian laws for minors, particularly their incapacity to enter into contracts. The bench called for a 'statutory format'.

The Supreme Court on Monday asked the Centre to examine putting into a statutory framework the requirement that social media platforms comply with Indian laws governing minors, including the legal incapacity of those below 18 to independently enter into contracts. A bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana observed while hearing a plea by the Just Rights for Children Alliance (JRCA) seeking safeguards for children using social media and other digital platforms.

Court Demands Legal Framework

Justice Bagchi said the requirement should not remain merely a guideline and asked Solicitor General Tushar Mehta to consider giving it a “statutory format” under the intermediary rules. “The software has to be in conformity with Indian law,” the judge said, stressing that platforms must design their systems in accordance with Indian legal requirements. The Solicitor General said the Centre would examine the issue. “Something can be done, something should be done and will be done,” he told the Bench, while referring to Section 79 of the Information Technology Act, which deals with intermediaries.

Plea Challenges Minors' Access, Cites Existing Law

The plea challenged the ability of minors to independently create and maintain accounts on digital platforms despite their legal incapacity to enter into binding contracts. Mehta submitted that the issue was prima facie covered by the Digital Personal Data Protection Act, 2023.

Senior advocate HS Phoolka, appearing for JRCA, however, pointed out that the relevant provisions of the data protection law would come into force only in 2027. He argued that there was no need to wait for the new law as agreements entered into by minors are void under existing law.

Regulatory Mechanisms Discussed

The Solicitor General suggested that a regulatory mechanism based on parental consent could be considered, with the contractual relationship being entered into between the parent and the platform.

The bench also noted that several digital intermediaries operating in India are incorporated or registered abroad, including in the United States, but are required to comply with Indian law while operating in the country.

Phoolka submitted that the Centre could invoke Section 79 of the IT Act to direct intermediaries to ensure compliance with laws governing minors. The plea has flagged risks to children from online platforms, including grooming, sexual exploitation, digital trafficking, sextortion, behavioural profiling, misuse of personal data and cyberbullying. (ANI)

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