Children on Social Media; SC asks Centre to examine statutory safeguards 

NEW DELHI: The Supreme Court on Monday asked the Centre to examine whether statutory safeguards can be put in place for minors using social media and other digital platforms. A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana was hearing a public interest litigation filed by the Just Rights for Children Alliance, which has sought safeguards for children using digital platforms.

The petition seeks measures including parental consent for minors to operate social media accounts, along with age and identity verification. It also raises concerns over minors independently accepting the terms of service of digital platforms in view of their legal capacity to enter into contracts.

Justice Bagchi asked Solicitor General Tushar Mehta to examine whether the proposed safeguards could be given a statutory framework under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Senior advocate H.S. Phoolka, appearing for the petitioner, submitted that the Centre could invoke Section 79 of the Information Technology Act to require intermediaries to comply with laws governing minors. Mehta said the Centre would examine the issue and submitted that it appeared, prima facie, to fall within the framework of the Digital Personal Data Protection Act, 2023. Phoolka, however, submitted that the relevant provisions of the data-protection law would come into force only in 2027 and argued that the existing legal position on minors' contractual capacity could be addressed without waiting for the new framework. The matter will be considered further after the Centre examines the issue.