New Delhi: The Supreme Court has asked the government of India to consider creating a statutory framework requiring social media and other digital platforms to comply with Indian laws concerning minors.
The direction came from a Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, while hearing a petition filed by the Just Rights for Children Alliance (JRCA) seeking stronger safeguards for children using social media and other online platforms.
Justice Joymalya Bagchi said compliance with laws protecting minors should not remain merely an advisory requirement. He asked Solicitor General Tushar Mehta to examine whether the obligation could be given a statutory basis through the intermediary rules.
The judge stressed that digital platforms operating in India must ensure that their technology and systems comply with Indian law.
The Solicitor General told the court that the government would examine the issue and referred to Section 79 of the Information Technology Act, which provides the legal framework governing intermediaries.
The petition raises concerns over minors being able to independently create and maintain accounts on digital platforms despite their legal status under contract law. The petitioners argued that children below 18 cannot independently enter into binding contracts and therefore questioned the basis on which they enter into agreements with online platforms.
Mehta said the issue also falls within the scope of the Digital Personal Data Protection Act, 2023. However, senior advocate HS Phoolka, appearing for JRCA, pointed out that important provisions of the data protection law are not scheduled to come into force until 2027.
Phoolka argued that the government need not wait for the new provisions to take effect, since existing law already places restrictions on contracts entered into by minors. He urged the Centre to use Section 79 of the IT Act to require online intermediaries to comply with laws protecting children.
The Solicitor General suggested that one possible approach could involve parental consent, with the contractual relationship between the parent and the digital platform rather than directly with the minor.
The Bench also noted that several major digital platforms operating in India are incorporated or registered outside the country, including in the United States. However, the court observed that companies providing services in India are still required to comply with applicable Indian laws.
The petition draws attention to several risks faced by children online, including online grooming, sexual exploitation, trafficking, sextortion, cyberbullying, behavioural profiling and misuse of children’s personal information.
