‘How Can Platforms Allow 12-13 Year Olds?’: SC Flags Minors’ Social Media Access, Asks Centre To Act

The Supreme Court on Monday warned social media intermediaries that allowing minors to open accounts must comply with Indian law and asked the Centre to address the issue within the existing statutory framework or face court directions.

A bench headed by Chief Justice of India (CJI) Surya Kant heard a public interest litigation (PIL) filed by non-profit organisation Just Rights for Children Alliance (JRCA). Hindustan Times reported that the petition sought safeguards to ensure minors are not allowed to open or operate accounts on platforms such as X (Twitter) and Instagram.

The bench, which also comprised Justices Joymalya Bagchi and V Mohana, questioned how children aged 12 or 13 could be allowed to have accounts on such platforms.

“How can these platforms allow 12 to 13 year olds to have accounts? It is contrary to the law of the land,” the bench asked.

The case centres on whether minors can validly sign up to platforms that require users to accept terms of service, user agreements and privacy policies.

Legal Framework Debate

The court referred to the Indian Contract Act, under which an agreement with a minor is void. The question formed the core of the hearing on whether children can legally open and operate social media accounts.

Solicitor General Tushar Mehta, appearing for the Centre, said the Digital Personal Data Protection Act, 2023 already contains some safeguards.

“Something will have to be done. If a person is less than 18 years old, consent can be given by parents as there are educational apps that require the user’s consent,” Mehta said.

The bench urged the Centre to consider action under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

“It is our request to the government of India. You pass some directions under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 so that these intermediaries fashion their software in conformity with Indian laws,” the court said.

“On membership, they must invoke the minimum age of 18 years. Otherwise, we will be compelled to pass directions against the intermediaries,” it added.

Mehta said guidelines alone would not be sufficient and that any such move would require statutory backing. He sought time to respond.

Petition Raises Child Safety Concerns

HS Phoolka, appearing for JRCA, argued that exposing children to social media carries several risks.

The petition listed online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying and exposure to age-inappropriate content among the risks to children’s safety, dignity, development and well-being.

The petition argued that opening a social media or digital platform account requires users to accept terms of service, user agreements and privacy policies. It contended that Indian law does not recognise the contractual capacity of persons below 18.

It also referred to the Digital Personal Data Protection Act, 2023, which recognises the special vulnerability of children and requires verifiable parental or guardian consent for processing a child’s personal data.

The petition argued that the 2021 Intermediary Rules do not address a minor’s contractual capacity to access and use social media platforms. It said this prevents authorities from prohibiting minors from opening or maintaining accounts and sought directions to declare such accounts void.

The petition also sought a direction restraining digital platforms from allowing anyone below 18 to open an account until fresh guidelines are framed under the 2021 Rules.

The court had flagged the issue earlier this month. On September 10, while issuing notice on the petition, it observed, “There is a need for some safeguards in India. Some firewalls are necessary for protecting our children.”

The Monday hearing saw the court seek a response from the Centre on the legal framework governing minors’ access to social media platforms.