The Supreme Court on Friday dismissed a writ petition filed under Article 32 of the Constitution, seeking immediate judicial intervention to regulate and restrict the access to social media platforms for children below the age of 13 years.
The Bench of Justice BR Gavai and Justice AG Masiah expressed its disinclination to entertain the plea on the grounds that since the issue fell within the realm of policy-making, it should be addressed by the Parliament.
The Apex Court, however, granted liberty to the petitioners to submit a representation to the Union government. It further directed the Centre to decide on the representation within eight weeks.
The Counsel appearing for the petitioner submitted that the matter involved a ‘pressing’ concern regarding children’s mental health and the risks posed by unregulated digital exposure.
He argued that although the Digital Personal Data Protection Rules contained provisions for parental supervision, such measures were inadequate.
The Counsel sought directions for the government to implement strict age verification mechanisms to prevent underage children from accessing social media.
The petitioners submitted that they sent several representations, but to no avail.
Filed through AoR Mohini Priya, the petition highlighted an ‘unprecedented’ mental health crisis among minors due to excessive digital exposure and sought stringent regulatory measures for the same.
It contended that unrestricted access to social media by young children constituted a grave violation of their fundamental rights under Article 21, as the right to life extended to mental well-being, dignity and healthy development.
The petitioners cited alarming statistics to highlight the rise in depression, anxiety, self-harm, and suicides among minors, linking it directly to excessive screen time and algorithm-driven addiction.
As per the petitioners, India currently had over 462 million active social media users, with 30 percent of the population between 4 and 18 years of age. This made children highly vulnerable to digital exploitation and psychological harm.
The plea further cited a study by Social Media Matters, which found that a significant percentage of young users spent more than five hours daily on social media, consuming content designed to induce compulsive scrolling behaviour.
The petition also mentioned a Maharashtra-based report indicating that 17 percent of children aged 9-17 spent over six hours daily on social media or gaming platforms, leading to declining academic performance, cognitive impairments and long-term neurodevelopmental issues.
It also cited neurological research to establish that excessive social media consumption overstimulated dopamine pathways, mimicking the effects of substance addiction, impairing focus, and increasing susceptibility to anxiety disorders and depression.
The petitioners requested the top court of the country to impose an absolute prohibition on social media access for children aged below 13 years since they lacked the cognitive maturity to navigate the risks of the digital world.
It further cited international precedents, including strict statutory prohibitions in Australia, the United Kingdom and several states in the US like Florida, aimed at curbing social media addiction among minors.
The petitioners recommended implementation of mandatory biometric-based age verification, digital literacy campaigns for parents, and strict penalties for non-compliance by social media platforms failing to enforce protective measures.
Expressing disappointment with the country’s existing regulatory framework under the Digital Personal Data Protection Act, 2023 (DPDP Act), the petition argued that parental consent measures were inadequate and easily bypassed, allowing underage users to access social media unchecked.
It said social media giants like Facebook and Instagram (owned by Meta) currently imposed an age restriction of 13 years, however, its enforcement remained weak, with underage accounts being flagged only upon user reports rather than proactive authentication.
Such a reactive approach failed to address the fundamental issue of children’s unmonitored access to social media, noted the plea.
Calling unregulated social media exposure a crisis of national significance, the petitioners prayed the Apex Court to implement a comprehensive and enforceable regulatory framework to safeguard minors. It called for proactive enforcement mechanisms, including age authentication tools, to prevent children under 13 from creating accounts. It sought decisive action to protect the children of the nation from irreversible damage.
The plea sought directions to the Respondents to impose a statutory prohibition on social media usage for children below 13 years of age in view of the severe physical, mental, and psychological impact of social media on young minds.
the petition urged the tp court of the country to direct the Respondents to incorporate provisions of mandatory parental controls for children between 13-18 years of age, including real-time monitoring tools, strict age verification and content restrictions in the Draft Digital Personal Data Protection Rules proposed to be passed under the Draft Digital Personal Data Protection Act, 2023.
It further prayed for direction to the Respondents to mandate the introduction of robust age verification systems, such as biometric authentication, to regulate children’s access to social media platforms.
It sought strict penalties for social media platforms failing to comply with child protection regulations.
The petitioners prayed for directions to social media platforms to implement algorithmic safeguards preventing the targeting of minors with addictive content.
It also urged the Apex Court to issue directions to the Respondents to launch a nationwide digital literacy campaign to educate parents, teachers and students on the harmful effects of excessive social media consumption.
The post Supreme Court rejects plea seeking regulation of social media access for children below 13 appeared first on India Legal.