The Supreme Court on Monday asked the Centre to examine the possibility of putting a statutory framework requiring social media platforms and other digital intermediaries to comply with Indian laws governing minors, including the legal capacity of those below 18 to independently enter into contracts.
A three-judge bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana observed while hearing a plea filed by the Just Rights for Children Alliance (JRCA), seeking safeguards for children accessing social media and other digital platforms.
Justice Bagchi said the requirement should not remain a mere guideline and asked the Centre to consider giving it a “statutory format” under the intermediary rules.
“Please pass directions under the intermediary rules that they fashion their software, or whatever the platform is called, in conformity with Indian law...,” Justice Bagchi told Solicitor General Tushar Mehta.
The court was hearing concerns over minors being allowed to independently create and maintain accounts on digital platforms despite their legal incapacity to enter into contracts.
Mehta said the government would examine the issue. “Something can be done, something should be done and will be done,” he said. He also referred to provisions relating to intermediaries under Section 79 of the Information Technology Act.
The Solicitor General said the issue raised in the petition was, prima facie, covered by the Digital Personal Data Protection (DPDP) Act, 2023.
Counsel for the petitioner, however, submitted that the relevant provisions of the Act would come into force only in 2027 and therefore could not address the issue in the interim.
Senior Advocate HS Phoolka, appearing for JRCA, submitted that agreements entered into by minors are void under existing law and that there was no need to wait for the data protection law to come into force.
Phoolka said the Centre could invoke Section 79 of the Information Technology Act to direct intermediaries to comply with the law.
JRFC founder Bhuwan Ribhu said, “The fact that children cannot be allowed to enter into a contract, and that all such agreements with social media companies are void, is a precedent for the entire world.”
Ribhu said laws globally need to be understood and enforced to ensure justice and protection for children. He added that requiring users to provide their particulars and disclose their identity would substantially reduce the online exploitation and abuse of children.
The petitioner has sought directions requiring digital platforms to take into account the legal incapacity of minors to enter into contracts and put in place safeguards governing their access to online services. The plea also raises concerns over risks faced by children online, including grooming, sexual exploitation, digital trafficking, sextortion, behavioural profiling, misuse of personal data and cyberbullying.
