HYDERABAD, TRINET NEWS, SEPTEMBER 12:
The Supreme Court has opined that a more robust protection system is necessary for the safety of children using social media and other digital platforms. Noting that under the Indian Contract Act, minors under 18 are not legally eligible to enter into independent contracts, the court suggested that necessary regulations should be implemented to prevent digital platforms from entering into agreements with them regarding privacy policies and terms of service.
A bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi, and Justice Augustine George Masih heard the petition filed by the voluntary organization 'Child Rights for Children Alliance'. Advocate H.S. Phoolka presented arguments on behalf of the petitioner organization. He primarily highlighted the discrepancy between the age restrictions of digital platforms and Indian laws. He stated that certain platforms like Facebook and Snapchat allow accounts to be opened from a young age, whereas under Indian laws, everyone under 18 is considered a minor.
In this context, he emphasized the need for clear rules regarding proper age verification when children enter digital platforms, protecting their personal information, and shielding them from hazardous content. He stated that while the country has strict penal provisions regarding sexually exploitative and abusive material, digital platforms are failing to implement them effectively. He added that automated content filtering systems must be widely utilized to identify and remove objectionable content concerning children, alongside having an effective age-verification mechanism.
Need for Parental Consent...
The CJI suggested framing regulations to prevent digital platforms from entering into any agreements with children under 18. He stated that if a minor needs to use digital services, the permission of parents or a legal guardian must be made mandatory. There should be a system to verify through identity proof or e-KYC whether the person granting such permission is genuinely a parent or legal guardian. For this purpose, he suggested making amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or alternatively, formulating dedicated guidelines.
After hearing the arguments, the Supreme Court bench issued notices directing the central government to provide a comprehensive explanation on the safety aspects of children under 18 using social media and other digital platforms.
