Make Rules To Regulate Children's Social Media Usage : Supreme Court Tells Centre
The Court suggested that the Government invoke its IT Act powers to make regulations.
The Supreme Court today expressed serious concerns about minors' access to social media platforms, saying that it will be compelled to pass directions under the Information Technology Act if the government does not address the issue.
A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with a PIL filed by 'Just Rights for Children Alliance' seeking safeguards against use of social media and other digital platforms by minors.
During the hearing, Solicitor General Tushar Mehta submitted that prima facie, the issue seemed covered by the DPDP Act. "Some provisions have been given to me, I would like to examine whether it is infact covered. Otherwise it's a genuine grievance", he said.
Senior Advocate HS Phoolka, for petitioner, however pointed out that the DPDP Act has not come into force and would become applicable from 2027. The SG agreed, adding that the DPDP regime can be adopted in some other law, so that parental consent is required for minors to have accounts and the contract is signed by the parents.
"Something will have to be done...we will have to control intermediaries", the SG said. He also acknowledged that contracts entered by minors with social media intermediaries are void (ab initio).
Justice Bagchi lamented that social media platforms are permitting minors aged 12-15 years to have accounts. "A 15 year old child can have a Twitter account", the judge remarked. He further said that social media intermediaries should atleast conform their membership in a manner so that the minimum threshold of 18 years is not breached.
The judge impressed upon the SG that the Government of India should pass some directions under the Social Media Intermediary Rules so that their platforms are in conformity with Indian law. "They have to comply with Indian law, there is no doubt about that...something can be done, something should be done, something will be done", SG assured.
The CJI on his part referred to Section 79 of the Information Technology Act (providing safe-harbor immunity to intermediaries for third-party content), saying that the Court may be compelled to issue directions if issue is not adequately addressed. "We will be compelled to issue directions by invoking that provision against all these intermediaries", he remarked.
"No my lords, government is ready to do that", the SG responded.
The Digital Personal Data Protection Rules 2025 framed by the Government last year contemplated parental consent for children to open social media accounts.
Case: Just Rights for Children Alliance v. Union of India and Anr., W.P.(C) No. 1120/2026