The Supreme Court on Thursday sought the Centre’s response to a Public Interest Litigation seeking to prevent children below 18 from independently creating and maintaining accounts on social media and other digital platforms, citing concerns over online grooming, exploitation, data misuse and other risks.
A Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana issued notice to the Centre on the petition filed by Just Rights for Children Alliance through advocate Saksham Maheshwari.
The PIL argues that minors currently can independently create and maintain accounts on social media platforms despite their statutory incapacity to enter into contracts under Section 11 of the Indian Contract Act, 1872. It contends that agreements entered into by minors are void ab initio and that the digital ecosystem lacks an effective and uniform mechanism to give practical effect to this legal position.
According to the petition, this gap exposes children to foreseeable online harms, including grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying and exposure to age-inappropriate content. The petitioner has linked these risks to the safety, dignity, development and well-being of children.
The organisation has asked the Union government to ensure that persons below 18 cannot enter into contracts with digital platforms, including social media, online gaming, content-sharing, live-streaming and other user-generated-content platforms.
At the same time, the plea does not seek to completely restrict children’s access to digital content. It proposes that minors should be able to access lawful, educational and age-appropriate content through accounts maintained and controlled by parents or lawful guardians, subject to an appropriate regulatory framework.
The petition has relied on provisions and frameworks including the Digital Personal Data Protection Act, 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and a NITI Aayog report concerning online safety for children. It has also referred to the terms of service of Meta, Snap, YouTube and Instagram.
The petitioner has cited incidents involving the alleged enticement and subsequent exploitation of minors through social media platforms, including an incident in which girls were allegedly trapped through a K-pop lure and later rescued. The plea has also included a chart documenting incidents involving the enticement of minors through social media and subsequent exploitation.
The petition maintains that existing safeguards are inadequate and lack uniformity, and has sought a regulatory framework that protects children from online exploitation while preserving access to lawful and educational digital content.
The matter has been tentatively listed for further hearing on September 25.
