The Supreme Court of India has asked the Centre to consider enforceable rules that would stop social media platforms from allowing users under 18 to open accounts independently. A bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V. Mohana, heard a public interest litigation filed by the Just Rights for Children Alliance.
Solicitor General Tushar Mehta, appearing for the Centre, agreed with the court’s observations and said the government would examine possible changes to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The changes could make the restriction a legal duty for platforms rather than a voluntary guideline.
The petition, argued by senior advocate H.S. Phoolka, relies on Section 11 of the Indian Contract Act, 1872. It says people under 18 cannot enter into contracts. As users accept a platform’s terms of service when creating an account, the petition argues that agreements made with minors are void from the outset.
The judges questioned how children aged 12 or 13 can open accounts by entering a self-declared age. Justice Bagchi asked the government to require intermediaries to design their platforms in line with Indian law and apply an 18-year minimum age for membership.
The proposal concerns independent account creation and direct agreements with platforms. It is not presented as a ban on children accessing the internet or viewing social media. Parental or guardian consent, potentially supported by identity checks, was discussed as a possible option, particularly for educational websites. The petition and court discussion cited risks including online grooming, sexual exploitation, trafficking, cyberbullying, misuse of data and exposure to age-inappropriate content. The petitioner also noted that key provisions of the Digital Personal Data Protection Act, 2023, which concern children’s data, have not yet come into force.
The Centre said it would examine the issue and take appropriate steps, including possible rule changes. The court indicated that it could issue directions if platforms do not comply. The case is expected to return to the court in about four weeks; questions about age checks, attempts to bypass restrictions and existing accounts remain unresolved.
