Supreme Court refuses to ban social media for users under-13 years of age

The Supreme Court on Friday dismissed a plea seeking a ban on social media usage for children below 13 years of age, stating that such matters fall within the domain of the legislature, not the judiciary. A bench comprising Justices BR Gavai and Augustine George Masih made it clear that any such restriction requires a policy decision and legislative action.

“It is a policy matter. You ask Parliament to enact the law,” the bench said while addressing the counsel for the petitioner. The plea, filed by Zep Foundation, expressed concern over the negative impact of social media on minors and urged the court to introduce a strict statutory framework to safeguard children from harmful online exposure.

While disposing of the plea, the Supreme Court granted liberty to the petitioner to make a formal representation to the appropriate authority. The bench added that if such a representation is made, it should be considered in accordance with law within eight weeks.

The petition also sought directions to the Centre and relevant authorities to introduce a robust age-verification mechanism—such as biometric authentication—to restrict access to social media for minors. Additionally, it called for strict penalties against social media platforms that fail to adhere to child protection norms.

Regulators are still worried over the abuse of social media usage among young people, but any general regulatory scheme for children, as underscored by the Supreme Court, has to be issued by Parliament.

Also Read: India’s New Data Protection Act (DPDP) Mandates Parental Consent for Children’s Social Media Access

Pertinent to note, India’s Digital Personal Data Protection Act of 2023 (DPDP) will reportedly require children to obtain verifiable parental consent to access social media platforms. The Act, passed in August 2023, defines anyone under the age of 18 as a child. The government had released the highly anticipated draft rules for the Act in January this year, to invite stakeholder comments best by February 18. These executive rules proposed categorizing data fiduciaries into three primary groups: e-commerce companies, gaming intermediaries, and social media firms.