SC bins PIL seeking social media ban for kids below 13

Terming it a policy matter, the Supreme Court on Friday refused to entertain a PIL seeking to debar children below 13 years from using social media.

“It is a policy matter. You ask Parliament to enact the law,” a Bench of Justice BR Gavai and Justice AG Masih said even as it granted liberty to petitioner Zep Foundation to make a representation to the authorities concerned. In case the petitioner made a representation, it would be considered within eight weeks, the Bench said.

Unchecked digital engagement of minors was akin to a public health emergency, the plea said, citing reports that indicated India had over 462 million active social media users, covering 32.2 per cent of the total population, with mobile connectivity reaching 78 per cent.

Referring to the severe physical, mental and psychological impact of social media on young minds, the petitioner sought a direction to mandate introduction of robust age verification systems, like biometric authentication to regulate children’s access to social media platforms.

It sought directions to the Centre and others to incorporate provisions of mandatory parental controls for children between 13 and 18 years, including real-time monitoring tools, strict age verification and content restrictions in the draft Digital Personal Data Protection Rules.

The PIL sought implementation of strict penalties for social media platforms failing to comply with children protection regulations. “This is not an issue about parental supervision. It needs some strict age verification mechanism,” the petitioner’s counsel said, terming it a “pressing concern”.

The PIL sought a direction to social media platforms to implement algorithmic safeguards to prevent the targeting of minors with addictive content aside from a direction to the authorities to launch a nationwide digital literacy campaign to educate parents, teachers and students on the harmful effects of excessive social media consumption.

Noting that around 30 per cent of India’s population comprised children between the age of four and 18 years, it referred to reports from Maharashtra that indicated 17 per cent of children aged 9-17 years spent over six hours daily either on social media or gaming platforms.

India