Supreme Court Raises Major Question On Children And Social Media
The Supreme Court has questioned how children aged 12 or 13 can independently create accounts on social media platforms when Indian law does not allow minors to enter into valid contracts.
The issue came up during a hearing on a petition seeking stronger safeguards for children using social media and other digital platforms.
The court has asked the Centre to examine the issue and consider whether existing rules can be strengthened to ensure that social media platforms comply with Indian law.
Why Is The Court Questioning Social Media Accounts?
Creating an account on platforms such as Instagram, Facebook, X and other digital services normally requires users to accept terms of service, privacy policies and user agreements.
Under Section 11 of the Indian Contract Act, people below the age of 18 are not competent to enter into contracts. Agreements entered into by minors are generally treated as void.
The petition argues that there is therefore a legal contradiction when platforms allow children, often from the age of 13, to independently create accounts simply by entering their date of birth.
Court Wants Platforms To Follow Indian Law
The Supreme Court has asked the government to consider directions under the Information Technology Intermediary Rules so that digital platforms modify their systems to comply with Indian law.
The bench indicated that platforms may need to invoke an 18-year minimum age for independent membership if the issue is not addressed through the appropriate legal framework.
The government, however, has pointed out that existing data protection legislation already contains safeguards for children and provides for parental consent in certain circumstances.
Parental Consent Could Become Important
The petition seeks a system under which children would not independently enter into agreements with social media companies.
Instead, platforms could be required to obtain verified consent from parents or legal guardians before allowing minors to access certain services.
The petition has also called for stronger age-verification mechanisms rather than relying simply on users entering their date of birth.
Child Safety Is A Major Concern
The case is not limited to the contractual question.
The petition highlights several risks associated with unrestricted access to social media, including online grooming, sexual exploitation, trafficking, cyberbullying, misuse of personal information, behavioural profiling and exposure to age-inappropriate content.
The petition argues that simply asking children to declare their age does not provide sufficient protection.
Government May Need To Change Rules
The Centre has indicated that it will examine whether stronger statutory backing is required instead of relying only on guidelines.
This distinction could become important because the government has suggested that a simple direction under existing rules may not be enough to resolve the underlying legal issue.
The Supreme Court is expected to examine the matter further after the Centre considers its options.
If new rules are eventually introduced, they could significantly change how social media platforms verify the age of users and obtain parental approval for accounts operated by minors.
Summary
The Supreme Court has questioned how children aged 12 or 13 can independently operate social media accounts when Indian law does not recognise minors below 18 as competent to enter contracts. The court has asked the Centre to examine stronger statutory safeguards. The case could eventually lead to mandatory age verification, parental consent and significant changes to how social media platforms handle accounts belonging to children.
