Social media accounts for under-18s might be banned in India
What's the story
The Indian government is planning to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. The move aims to prevent those under 18 from opening accounts on social media platforms. Solicitor General Tushar Mehta, representing the government, agreed with a Supreme Court bench led by Chief Justice Surya Kant that contracts made by minors with social media intermediaries are void and should be prevented.
Policy clarification
Statutory obligation for intermediaries
Mehta clarified that while memberships of educational websites can be obtained with parental consent, the government intends to make it a statutory obligation for intermediaries not to allow minors to open social media accounts.
This issue was raised during a hearing on a plea by the NGO Just Rights for Children Alliance, which has expressed concerns over children's exposure to risks in the digital environment.
Legal scrutiny
Platforms must conform to Indian laws
Justice Joymalya Bagchi observed that social media platforms have imported US restrictions into India's digital space, which is not permissible under Indian law.
He suggested that the government should consider directing these platforms to ensure their technology and software comply with Indian laws.
Mehta assured the bench that platforms would have to conform to Indian laws and said there was no doubt about it.
Age limit
Minimum age requirement for social media accounts
Justice Bagchi suggested that platforms should restrict social media account registration to people above a minimum age of 18.
He emphasized this should be done at least during membership registration.
Mehta agreed with the suggestion, saying it would have to be incorporated into law or rules to ensure intermediaries comply with Indian requirements.
Enforcement call
CJI's suggestion to government
Senior advocate H S Phoolka, representing the NGO, told the court that while the government has certain guidelines on this issue, they need to be enforced.
Mehta suggested these restrictions should be enforced through a statute.
CJI Kant then asked the government to consider putting this requirement on a statutory footing and return with a response.