SC Asks Centre to Examine Social Media Safeguards for Minors

pankaj@awfymedia.com
10 Min Read
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The Supreme Court has asked the Centre to examine whether statutory safeguards should be introduced for minors using social media and other digital platforms.

The development could eventually lead to stricter rules for children under 18 creating accounts on social media platforms. However, no new rule formally banning under-18 users from opening social media accounts has been notified yet.

The issue came before the Supreme Court during a hearing on a petition seeking stronger protection for children online.

Why Is the Supreme Court Examining Social Media Rules for Minors?

The case concerns a petition filed by the Just Rights for Children Alliance, which has sought stronger safeguards for children using social media and other digital services.

A key issue before the court is whether minors can independently accept the terms and conditions of digital platforms when Indian contract law places restrictions on the ability of minors to enter into contracts.

The Supreme Court bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, asked the Centre to examine whether such safeguards could be given a statutory basis.

Could Under-18s Be Prevented From Creating Social Media Accounts?

The possibility is being examined, but it is important to distinguish between a court’s request to examine the issue and an actual law or rule coming into force.

Recent reports indicate that the Centre has said it will consider the issue and take appropriate steps. The Times of India has reported that the government is considering an amendment to the Information Technology intermediary rules that could prevent social media intermediaries from allowing people under 18 to open accounts. Other reports have described the government’s position more cautiously as an undertaking to examine the issue.

Therefore, parents and users should not treat the proposed restriction as an already implemented nationwide social media ban for under-18s.

What Does Indian Contract Law Say About Minors?

The legal question is linked to Section 11 of the Indian Contract Act, 1872.

The provision states that a person is competent to contract if they have reached the age of majority, are of sound mind and are not otherwise disqualified by law.

The petition before the Supreme Court argues that social media sign-ups involve users accepting platform terms and conditions. It therefore raises the question of how platforms should handle accounts created by minors.

The court has asked the government to examine how the technology and platform rules can be aligned with applicable Indian law.

What Has the Centre Said?

Solicitor General Tushar Mehta indicated before the Supreme Court that the government would examine the issue.

The Centre has also referred to the existing legal framework governing intermediaries, including Section 79 of the Information Technology Act.

The government has indicated that the issue may also overlap with India’s data-protection framework.

Parental or lawful-guardian consent is one of the issues raised in the petition.

The petition seeks safeguards that would prevent digital platforms from entering into agreements with children under 18 without appropriate parental or guardian consent, along with mechanisms for verification where required.

The Supreme Court has asked the Centre to examine the broader issue rather than immediately imposing a specific mechanism.

Some reports have also indicated that educational websites or services could potentially have different arrangements where parental consent is involved.

What Does the Petition Seek?

The petition seeks stronger safeguards for children using social media and other digital platforms.

Among the issues raised are:

  • Protection of minors from inappropriate online content
  • Parental or guardian consent
  • Verification mechanisms
  • Compliance with Indian contract law
  • Protection of children’s personal information
  • Greater accountability for digital platforms
  • Safeguards against online exploitation and abuse

The petition also refers to the legal framework governing intermediaries under the Information Technology Act.

How Does the Data Protection Law Fit In?

The issue also connects with India’s Digital Personal Data Protection Act, 2023, which contains specific provisions concerning children’s personal data.

The Act provides additional protections for children’s data, including requirements relating to verifiable parental consent for specified processing.

However, the timing of implementation has become relevant in the Supreme Court proceedings. Reports on the hearing noted that the relevant provisions of the data-protection framework are scheduled to take effect later, rather than immediately.

This has led to discussion about whether additional safeguards are needed in the interim.

Why Are Children’s Social Media Accounts a Concern?

The petition raises several risks associated with children’s use of digital platforms.

These include:

  • Online grooming
  • Cyberbullying
  • Sexual exploitation
  • Misuse of personal information
  • Behavioural profiling
  • Online trafficking
  • Sextortion
  • Exposure to age-inappropriate content

The Supreme Court’s consideration of the matter reflects the broader legal debate over how digital platforms should protect minors while operating within India’s existing laws.

What Could Change for Social Media Platforms?

If the Centre ultimately amends the intermediary rules, social media companies could potentially face additional obligations concerning age verification, account creation and parental consent.

The exact requirements, however, will depend on the final rules or directions issued by the government.

Possible measures discussed in the ongoing debate include:

  • Stronger age verification
  • Restrictions on independent account creation by minors
  • Parental or guardian consent
  • Identity or verification mechanisms
  • Changes to platform sign-up processes
  • Additional safeguards for children’s personal data

These should be viewed as potential measures under consideration rather than confirmed final requirements.

Are Social Media Companies Already Taking Steps?

Some major technology companies have introduced additional protections for younger users.

For example, Meta introduced Instagram Teen Accounts in India in February 2025, offering features such as more restrictive default settings, messaging protections and parental supervision tools.

YouTube has also been expanding age-estimation technology in some markets to identify users who may be under 18 and apply additional protections.

These company-level measures are separate from any future statutory requirements that may be introduced by the Indian government.

What Happens Next?

The Centre is expected to examine the legal and regulatory options following the Supreme Court’s observations.

The key question is whether safeguards for minors should be incorporated into the Information Technology intermediary rules or addressed through another statutory mechanism.

The Supreme Court is expected to consider the matter again after the government examines the issue. Recent reports said the next hearing would take place in about four weeks.

Until a new rule is formally notified, existing platform policies and applicable laws continue to govern social media access.

FAQs

Is India banning social media for people under 18?

No blanket ban has been formally notified based on the latest developments. The Supreme Court has asked the Centre to examine statutory safeguards, while the government has indicated that it will consider the issue.

Parental consent is one of the safeguards being considered in the ongoing legal and regulatory discussion. The final requirement will depend on any rules or directions eventually notified.

Why is the Supreme Court examining the issue?

The case raises questions about minors accepting the terms and conditions of digital platforms and whether platforms should be required to comply more explicitly with Indian laws governing minors.

What is Section 11 of the Indian Contract Act?

Section 11 sets out who is competent to enter into contracts. It states that a person must have reached the age of majority, among other requirements, to be competent to contract.

When will new social media rules for minors take effect?

There is currently no confirmed implementation date for a new under-18 social media restriction. Any new requirement would need to be formally notified through the applicable legal or regulatory process.

Conclusion

The Supreme Court’s latest proceedings could mark an important development in India’s approach to children’s online safety and social media access.

The court has asked the Centre to examine whether statutory safeguards can be introduced to ensure that digital platforms comply with Indian laws governing minors.

For now, however, there is no newly notified nationwide rule that automatically bans everyone under 18 from creating social media accounts.

The next stage will depend on the Centre’s examination of the issue and any amendments or regulations that may follow.

 

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