Restrictions on social media for under-18? SC asks Centre to examine statutory safeguards for minors

The Supreme Court in India has questioned how children under 18 can legally enter into agreements with digital platforms, potentially paving the way for statutory restrictions on minors using social media. The Centre has signaled its intention to act on this matter, though no new rule has been formally announced yet. The Just Rights for Children Alliance filed a petition seeking stronger safeguards for minors on social media and digital platforms.

The Supreme Court, headed by Chief Justice Surya Kant, asked the Centre to examine whether statutory safeguards could be implemented. The petition argues that children below 18 lack contractual capacity under Indian law, as per Section 11 of the Indian Contract Act, 1872, which requires an individual to be of majority age to enter into a contract.

Platforms allowing minors to independently accept terms of service are seen as entering into agreements with people who lack contractual capacity. The government's Solicitor General indicated that the Centre might consider permitting educational websites to allow minors with parental consent, aligning technology with Indian law.

The petition is not limited to an age threshold but seeks amendments to the IT Intermediary Rules, 2021, or specific directions to prevent digital platforms from entering into contracts with children under 18 without parental or lawful guardian consent, subject to identity verification. This issue also intersects with India's data protection regime, with the Digital Personal Data Protection Act, 2023, providing special protections for children, including verifiable parental consent for specified data processing.

The Act's provisions are set to take effect 18 months after its commencement, in May 2027. Meanwhile, tech companies have started implementing their own safeguards, such as Meta's Instagram Teen Accounts and YouTube's expanded age estimation for age-appropriate protections.