The
Supreme Court on Friday refused to entertain a plea seeking a statutory
prohibition on social media usage for children below the age of 13, stating
that the matter falls within the domain of policy and legislation.
The
petition, filed by the Zep Foundation through advocate Mohini Priya, had sought
directions to the central government and other authorities to mandate a robust
age verification system, including biometric authentication, to regulate
children's access to social media platforms. Additionally, it called for strict
penalties against social media companies that fail to comply with child
protection regulations.
A
bench comprising Justices B R Gavai and Augustine George Masih dismissed the
petition, asserting that such a restriction would require a legislative
enactment.
"It
is a policy matter. You ask Parliament to enact the law," the bench told
the counsel representing the petitioner.
While
rejecting the plea, the court granted the petitioner the liberty to make a
representation to the relevant authorities. It further directed that if such a
representation is submitted, it should be considered in accordance with the law
within eight weeks.
Currently, India does not have specific legal
restrictions prohibiting children from using social media. However, the Digital
Personal Data Protection Act, 2023, mandates stricter requirements than mere
age verification when processing children's data online. The law requires data
fiduciaries to obtain "verifiable parental consent" for processing
the personal data of individuals under 18 years of age.
In
December 2024, Australia became the first country to pass a law banning social
media usage for children under the age of 16, with exemptions for messaging
apps, online gaming services, and platforms primarily used for health and
educational purposes.
Meanwhile
countries such as the United States and the European Union have regulations
that prevent websites from collecting personal data from minors below a certain
age. Other countries require parental consent for children to access social
media platforms.
Currently,
India does not have specific legal restrictions prohibiting children from using
social media. However, the Digital Personal Data Protection Act, 2023, mandates
stricter requirements than mere age verification when processing children's
data online. The law requires data fiduciaries to obtain "verifiable
parental consent" for processing the personal data of individuals under 18
years of age.