New Delhi, April 04: The Supreme Court on Friday declined to entertain a petition seeking a statutory ban on social media usage for children below the age of 13, stating that the matter falls under the jurisdiction of Parliament.
“It is a policy matter. You ask Parliament to enact the law,” the bench told the counsel representing the petitioner. The court, however, granted the petitioner the liberty to make a representation to the relevant authorities, directing that it should be considered in accordance with the law within eight weeks.
The petition, filed by the Zep Foundation through advocate Mohini Priya, called for a mandatory age verification system, including biometric authentication, to regulate children’s access to social media platforms. It also sought strict penalties for social media companies that fail to comply with child protection regulations.
A bench comprising Justices B R Gavai and Augustine George Masih dismissed the plea, asserting that such restrictions would require legislative intervention.
India does not have a specific law prohibiting children from using social media. However, the Digital Personal Data Protection Act, 2023, mandates verifiable parental consent for processing the personal data of individuals under 18 years of age.
In December 2024, Australia became the first country to pass a law banning social media usage for children under 16, with exemptions for messaging apps, online gaming services, and platforms primarily used for health and educational purposes.
The United States and the European Union have regulations that prevent websites from collecting personal data from minors below a certain age. Some countries require parental consent for children to access social media platforms.
The Supreme Court’s ruling leaves the regulation of children’s social media access to legislative authorities, highlighting the absence of a dedicated law on the issue in India.
