The Supreme Court on Thursday issued notice to the Union government and other stakeholders on a plea seeking nationwide safeguards for minors on digital platforms, including a bar on social media firms entering into contracts with individuals under 18 without verified parental consent.
A Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana agreed to examine the petition. During the proceedings, the Bench orally observed that protective mechanisms for children are necessary in India.
The public interest litigation was instituted by the non-governmental organisation Just Rights for Children Alliance, with senior advocate HS Phoolka appearing on behalf of the petitioner.
Deficits In Content Screening And Age Checks
The petition brought to the court’s attention that digital platforms have failed to institute automated filtering systems and rigorous age-verification processes. This technological gap remains despite the presence of stringent criminal statutes that penalise the possession, storage, and dissemination of Child Sexual Exploitative and Abuse Material across digital networks.
Conflict Between Platform Policies And Domestic Law
The plea highlighted a direct conflict between platform onboarding policies and Indian law. While domestic legislation recognises any individual under the age of 18 as a minor, major intermediaries—specifically naming Facebook and Snapchat (India)—permit children as young as 13 to independently register and maintain active user accounts.
Proposed Revisions To Intermediary Rules
To address these concerns, the petitioner sought court directions to either formulate new governing guidelines or amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Under the proposed safeguards submitted to the apex court, digital platforms would be prohibited from entering into binding user agreements with anyone under 18 unless valid consent is obtained from a parent or legal guardian, supported by mandatory electronic Know Your Customer (e-KYC) or equivalent parental identity verification.
