The Supreme Court of India has refused to entertain a public interest litigation (PIL) seeking a statutory ban on social media usage for children below the age of 13. The Court emphasized that such matters fall within the policy domain and should be addressed by Parliament rather than through judicial intervention. This ruling highlights the ongoing debate about balancing digital access with child protection in India.
The PIL, filed by the Zep Foundation, argued that unrestricted social media access for children under 13 poses severe physical, mental, and psychological risks. It cited rising rates of depression, anxiety, and addictive behavior among minors as evidence of the need for regulation. The petition sought not only a complete ban on social media for children under 13 but also stricter safeguards for teenagers, including mandatory parental controls, robust age verification systems, and penalties for non-compliant platforms.
A bench comprising Justices B.R. Gavai and A.G. Masih ruled that policy decisions regarding internet use and child safety should be made by the appropriate authorities, not the judiciary. While dismissing the plea, the Court granted the petitioner the liberty to approach the Union Government with their concerns, suggesting that any representations made should be considered within eight weeks.
This decision underscores the role of Parliament in shaping policies related to digital safety for minors. The petitioner's concerns about the negative impacts of social media on children's mental health and well-being will now need to be addressed through legislative action. The draft Digital Personal Data Protection Rules, which propose requiring parental consent for children to open social media accounts, may be a step in this direction.
Internationally, several countries have implemented stricter regulations on social media access for minors. For instance, Australia, the UK, and some U.S. states have enacted laws to curb social media addiction among children. These precedents could inform India's approach to regulating digital platforms for minors.