Centre backs Supreme Court, plans legal bar on social media accounts for under-18s

The Centre on Monday told the Supreme Court that it would amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules to prevent children under 18 from opening accounts on social media platforms, Times of India reported.

Solicitor General Tushar Mehta, appearing for the Centre, agreed with the bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, as well as counsel for petitioner NGO Just Rights for Children Alliance, senior advocate H S Phoolka, that agreements entered into by minors with social media intermediaries were void contracts and should be prevented.

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"Membership of educational websites can be taken through consent of parents," Mehta said, adding that the Centre would make it a statutory obligation for intermediaries not to allow minors to open social media accounts.

The issue came up during a hearing on a plea by the NGO, which has raised concerns over children's exposure to risks in the digital environment.

Justice Bagchi said social media platforms had adopted restrictions applicable in the US while operating in India's digital space.

"They have registered under the laws of US and imported into Indian digital space the restrictions which are applicable in US (on minors' opening accounts on social media platforms), which is impermissible under Indian law," he said.

When Mehta said, "we will have to control intermediaries", the bench asked the government to consider directing platforms to ensure their technology and software complied with Indian law.

"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.

The Solicitor General responded that 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," Mehta said.

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Justice Bagchi said platforms should restrict registration of social media accounts to people above a minimum age of 18.

"They must restrict, at least in registering membership, to a minimum threshold of 18 years," he said.

Mehta agreed that the restriction would have to be incorporated into law or rules to ensure that intermediaries complied with Indian requirements.

Phoolka told the court that the government already had certain guidelines on the issue, but that these needed to be enforced.

Mehta said the restriction should instead be enforced through a statute, prompting CJI Kant to ask the government to consider putting the requirement on a statutory footing and return with a response.

The NGO has argued that the absence of an effective and uniform mechanism to enforce such restrictions in the digital environment exposes children to foreseeable risks, including online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying and exposure to age-inappropriate content.

The court's observations came as the Centre indicated that it was prepared to move towards a statutory framework requiring social media intermediaries to prevent minors from registering accounts on their platforms. (With inputs from Times of India)