Can children under 18 use social media without parental consent? SC seeks Centre’s response

PTC Web Desk: The Supreme Court on Thursday sought responses from the Ministry of Electronics and Information Technology and the Ministry of Law and Justice on a petition seeking stronger safeguards for children using social media and other digital platforms.

A Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, issued notices to the two ministries after hearing brief submissions from senior advocate HS Phoolka, who appeared for the NGO Just Rights for Children Alliance.

The Bench observed that there was a need for appropriate safeguards for children in India.

The petition has sought directions to the Centre to ensure that digital platforms, including social media intermediaries, are clearly informed that any contract entered into with a person below the age of 18 should be treated as void from the outset. It has also sought directions for any action based on such contracts to be stopped immediately.

The NGO has raised concerns over the legal and constitutional protection available to minors in the digital space. According to the petition, Section 11 of the Indian Contract Act does not recognise minors as competent to enter into contracts. Despite this, children can currently create and operate accounts on several social media and digital platforms.

The plea argues that there is no uniform and effective mechanism at present to prevent minors from entering into such digital agreements while ensuring protection of their fundamental rights.

The petition further highlights the risks children may face online, including grooming, exploitation, human trafficking, manipulation, cyberbullying and exposure of their personal information to targeted misuse. It also flags concerns over children's access to content that may not be appropriate for their age.

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The NGO has pointed out that platforms such as Facebook and Snapchat in India permit users to create accounts from the age of 13, while Indian law generally treats individuals below 18 as minors.

The petition has urged the Centre to either amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or introduce specific safeguards requiring digital platforms to obtain verified parental or legal guardian consent before entering into any agreement with a child below 18.

It has also sought measures for verification of the identity of parents or legal guardians, including through electronic Know Your Customer (e-KYC) mechanisms, before minors are allowed to enter into such digital arrangements.

The plea essentially seeks a uniform regulatory framework aimed at strengthening children's rights and safety in India's rapidly expanding digital environment.