Supreme Court urges Centre to enforce 18-year age threshold for social media accounts
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The Supreme Court of India has urged the Centre to legally enforce an 18-year age threshold for social media accounts, agreeing that contracts with minors are void and calling for statutory mechanisms to prevent underage access, citing risks like online grooming and data misuse.
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Why It Matters
The Supreme Court is reviewing petitions regarding minors' access to social media, with the Centre indicating it will amend the Information Technology Intermediary Rules to enforce an 18-year age threshold, citing current reliance on foreign laws as impermissible under Indian law.
Minors on social media: SC asks Centre to enforce 18-year age threshold by law
NEW DELHI: Agreeing with Supreme Court, Centre on Monday said it would soon insert a provision in the Information and Technology Intermediary Rules to prevent social media intermediaries from allowing children under 18 years of age to open social media accounts, reports Dhananjay Mahapatra. Agreeing with the bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana as well as petitioner NGO 'Just Rights for Children Alliance' counsel H S Phoolka, Solicitor General Tushar Mehta said the agreements entered into by intermediaries and minors were void contracts and these must be prevented. Membership of educational websites can be taken through consent of parents," solicitor general Tushar Mehta said, adding that Centre would step in to make it a statutory obligation for intermediaries not to allow minors to have social media accounts. Justice Bagchi said, "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." When Mehta said "we will have to control intermediaries", the bench responded, "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 SG said, "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." Justice Bagchi said, "They must restrict, at least in registering membership, to a minimum threshold of 18 years." The SG agreed and said it must now be inserted in some law or rules to make intermediaries compliant with Indian laws.
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Senior advocate Phoolka said govt had certain guidelines on this issue, which needed enforcement. The SG said it must now be enforced through a statute. CJI Kant said it must be through a statutory mechanism as the SG said and asked govt to consider it and get back with a response. The NGO complained that "absence of an effective and uniform mechanism giving practical effect to such statutory incapacity in the digital environment exposes children to foreseeable risks, including online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying, exposure to age-inappropriate content."
End of Article
What to Watch
AI outlook — possibilities, not facts
The Centre will amend the Information Technology Intermediary Rules to include a statutory 18-year age threshold for social media accounts
Very likely · Within weeks
Social media platforms will be required to modify their software or platform to conform with Indian laws on minor access
Very likely · Within months
Open Questions
- What specific amendments will be made to the Intermediary Rules?
- How will age verification be implemented without compromising user privacy?
- What penalties will apply to intermediaries that fail to comply?
- When will the new rules come into effect?
