Under 18 and on social media? Centre plans new age rules after Supreme Court hearing

New Delhi: The Centre has told the Supreme Court that it will amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules to prevent people below 18 from opening accounts on social media platforms.

Solicitor General Tushar Mehta, appearing for the Centre, agreed with a bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana that agreements entered into by minors with social media intermediaries were void contracts and should be prevented.

The issue came up during a hearing on a petition filed by the Just Rights for Children Alliance, which has raised concerns about the risks children face in the digital environment.

“Membership of educational websites can be taken through consent of parents,” Mehta said. He added that the Centre would make it a statutory obligation for intermediaries to prevent minors from opening social media accounts.

Justice Bagchi questioned social media platforms over the restrictions they follow in the US while operating in India.

The judge said platforms had effectively brought restrictions applicable in the US into India’s digital space, which, according to him, was not permissible under Indian law.

The bench asked the Centre to consider directing social media platforms to ensure that their technology and software complied with Indian laws.

“Our request to you- will Centre pass some directions under Intermediary Rules that they should fashion their software or platform in conformity with Indian laws?” the bench asked.

Mehta said social media platforms would have to comply with Indian law.

“They will have to conform to Indian laws and there is no doubt about it. Something can be done, something should be done and something will be done,” he said.

Justice Bagchi said platforms should impose a minimum age of 18 for registering social media accounts.

Mehta agreed that such a restriction would need to be incorporated into law or rules to ensure compliance by intermediaries.

Senior advocate H S Phoolka, appearing for the petitioner NGO, told the court that the government already had guidelines addressing the issue, but that they needed to be effectively enforced.

Mehta said the restriction should instead be backed by a statute. CJI Kant subsequently asked the government to consider placing the requirement on a statutory footing and return with its response.

The NGO has argued that the lack of an effective and uniform mechanism to enforce age restrictions online leaves children exposed to several risks. These include online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying and access to age-inappropriate content.