Supreme Court questions legality of children’s social-media accounts

The Supreme Court has questioned how children in India can hold social-media accounts when the accounts are created through contracts that minors are legally unable to enter. A Bench headed by Chief Justice of India Surya Kant raised the issue while hearing a plea by the Just Rights for Children Alliance, an NGO seeking safeguards for children who use social media and other digital platforms. Justice Joymalya Bagchi said accounts were based on an agreement between a platform and its user.

Because minors are legally incompetent to enter contracts under Indian law, he described such agreements as void from the beginning. The court asked how platforms could permit children as young as 12 to 15 to have accounts. It urged Solicitor General Tushar Mehta, who represented the Union government, to consider directions under the Intermediary Rules requiring platforms to design their software in conformity with Indian law.

The court referred to an 18-year minimum threshold for memberships. It also said a statutory framework should be developed using existing laws to deal specifically with children’s access to digital platforms. Mr.

Mehta said the issue was prima facie covered by the Digital Personal Data Protection Act, 2023. Senior advocate H.S. Phoolka, representing the petitioner, said relevant provisions would come into force only in 2027 and could not address the interim period.

The Solicitor General said a similar system could be adopted through other laws, with parental consent and a parent signing the contract where a user is under 18. The court recorded his assurance that action would be taken.