Supreme Court refuses to entertain plea for social media ban on children under 13 [4.4.2025]

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.


05 Apr 2025