Supreme Court Asks Centre To Examine Parental Consent For Minors On Social Media

The Supreme Court on Monday asked the Centre to examine whether children below 18 should be required to obtain parental or guardian consent before creating social media accounts, and whether existing laws governing minors' contractual capacity could provide a basis for such safeguards.

The court was hearing a petition filed by the Just Rights for Children Alliance, which has sought safeguards for children using social media and other digital platforms. The NGO has urged that platforms should obtain the consent of a parent or legal guardian before allowing a minor to create an account.

Solicitor General Tushar Mehta told the court that the government would examine the issue. The matter is expected to be taken up again after four weeks.

Court Examines Contract Law And Social Media Accounts

The petition raises a legal question over the ability of minors to independently enter into agreements with digital platforms.

Under Section 11 of the Indian Contract Act, 1872, a person who has not attained majority is not competent to contract. The petition argues that creating a social media account generally involves accepting terms of service, user agreements and privacy policies, creating a potential conflict between minors' contractual capacity under Indian law and the way digital platforms currently allow accounts to be created.

The Supreme Court had earlier sought the Centre's response to the plea, with the bench observing that safeguards were needed for children using social media.

Plea Seeks Parental Consent And Age Verification

The NGO has sought changes to the Information Technology Rules, 2021, or separate regulations requiring verified parental consent before minors can independently access social media platforms.

It has also sought effective age-assurance mechanisms and, where necessary, verification of the identity of parents or guardians.

The petition flags risks including online grooming, sexual exploitation, cyberbullying, misuse of personal data, behavioural profiling and exposure to age-inappropriate content.

Platforms Commonly Allow Accounts From 13

The plea points out that several major social media platforms generally permit users from the age of 13 to create accounts. The petition argues that the ability to accept digital terms and independently maintain such accounts needs to be examined against India's legal framework for minors.

The issue has also been raised in the context of existing debates over age restrictions and parental controls for children's social media use.

Wider Debate Over Children's Social Media Access

The Supreme Court proceedings come amid a broader discussion in India about restrictions on children's access to social media.

At an Australia-India leaders' summit in July, Prime Minister Narendra Modi referred positively to Australia's restrictions on social media access for users under 16 and said India was learning from Australia's approach. No equivalent nationwide restriction was announced in India at the time.

Karnataka and Andhra Pradesh have also announced proposals concerning social media access for children below 16 and 13 respectively, although the proposals have not yet been accompanied by detailed state-level laws or enforcement mechanisms.

The Supreme Court is expected to hear the matter again in four weeks, after the Centre considers the legal and regulatory options.