SC Seeks Statutory Safeguards for Children on Digital Platforms, Including 18-Year Contract Rule

Supreme Court Asks Centre to Consider Statutory Safeguards for Minors on Social Media

The Supreme Court has asked the Centre to examine whether stronger, legally enforceable safeguards should be introduced for minors using social media and other digital platforms.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana considered a plea filed by the Just Rights for Children Alliance, which seeks greater protection for children online. The matter concerns the obligations of social media platforms and other intermediaries under Indian laws relating to minors. 

During the proceedings, Senior Advocate H.S. Phoolka, appearing for the petitioner, argued that Indian law already places restrictions on minors independently entering into contracts. He sought legally enforceable obligations on online intermediaries to ensure that platforms comply with these protections.

Justice Joymalya Bagchi indicated that safeguards should not remain merely in the form of guidelines and asked the Centre to consider whether the proposed requirements could be given a statutory format under the intermediary rules.

The Solicitor General Tushar Mehta told the court that the government would examine the issue and take the necessary steps. 

The case could have wider implications for how social media companies and other digital platforms verify the age of users and enter into contractual relationships with minors. The court is examining the issue in the broader context of protecting children from potential risks associated with online platforms.

The petitioner's plea specifically seeks safeguards for minors accessing social media and addresses the question of whether platforms can enter into contracts with children below 18 years of age. 

Importantly, the Supreme Court has not imposed a new 18-year social-media ban through this observation. The court has asked the Centre to examine whether existing protections should be converted into a statutory framework that would impose clearer obligations on digital intermediaries.