SC Dismisses Plea for Social Media Ban on Children Below 13, Says It’s a Legislative Issue
The Supreme Court of India on Friday refused to entertain a petition seeking a statutory ban on social media usage for children under 13, stating that such matters fall within the purview of policy and legislation.
The petition, filed by Zep Foundation through advocate Mohini Priya, urged the central government to introduce a strict age verification system, including biometric authentication, to regulate children’s access to social media platforms. It also demanded strict penalties against non-compliant social media companies.
SC: “It’s a Policy Matter, Parliament Must Decide”
A bench comprising Justices B R Gavai and Augustine George Masih dismissed the petition, emphasizing 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 petitioner’s counsel.
However, the court allowed the petitioner to submit a representation to the relevant authorities, instructing that if such a representation is made, it must be considered within eight weeks as per legal provisions.
Current Indian Law on Social Media & Children
At present, India does not have a specific legal ban on children using social media. However, the Digital Personal Data Protection Act, 2023, imposes strict regulations on handling children’s data.
Key provisions of the Act include:
✅ Mandatory verifiable parental consent before processing the personal data of individuals under 18 years of age.
✅ Tighter age verification requirements for online platforms.
✅ Prohibitions on targeted advertising and data tracking for minors.
Global Laws on Social Media Usage by Minors
Several countries have enforced regulations restricting children’s access to social media:
🔹 Australia (December 2024): Became the first country to pass a law banning social media for children under 16, with exceptions for messaging apps, online learning platforms, and health-related services.
🔹 United States & European Union: Have strict regulations preventing websites from collecting personal data from minors below a specific age.
🔹 Other Countries: Some require explicit parental consent before allowing children to create social media accounts.
What’s Next for Social Media Regulation in India?
With the Supreme Court’s ruling, any potential ban or restriction on social media access for children will depend on Parliament’s decision. As online safety concerns grow, India may introduce stricter digital policies for minors in the future.
