The central government is now preparing to take a big step regarding children’s use of social media. The Center has told the Supreme Court that it is considering changes to the Information Technology (Mediation Guidelines and Digital Media Code of Ethics) rules. Under this, children below 18 years of age can be prevented from creating accounts on social media platforms.
The matter came up during the hearing of a petition related to online safety of children. An NGO called Just Rights for Children Alliance has filed this petition. The organization has raised concerns about several potential risks associated with children using digital platforms.
Prepare to ban accounts of people under 18 years of age
Solicitor General Tushar Mehta, appearing for the Center in the Supreme Court, said the government will move towards implementing such a system for social media intermediaries, so that children below the age of 18 cannot create accounts on these platforms.
The court was heard by Chief Justice of India Suryakant and Justice Joymalya Bagchi and V. Mohanani was in front of the bench. The issue also arose during the hearing as to what is the legal status of such agreements between minors and social media companies. On behalf of the government, it was said that the ban on opening of social media accounts for minors should be clearly included in laws or regulations instead of being limited to guidelines only. This will make it necessary for social media companies to comply.
Separate arrangement regarding educational website
During the hearing, Tushar Mehta also said that membership of educational websites can be taken with parental consent. That is, the focus of the proposed system would be on social media accounts only, while parental consent could be routed to online platforms related to education.
The court asked to change the technology as per Indian law
During the hearing, Justice Joymalaya Bagchi questioned how social media platforms operating in India were using age-related rules applicable in other countries.
The court also asked the government to consider that social media platforms should make their technology and software compliant with Indian laws. This would mean that it is not enough to just make rules, but the platform’s system should also have a system in place so that people below the prescribed age cannot register an account.
The Solicitor General assured the court that social media intermediaries have to comply with Indian law. He said that some steps can be taken in this direction and the government will act on it.
Why did the question of children’s online safety arise?
The petitioning NGO has raised the issue of several potential risks associated with children’s use of social media. These include online grooming, sexual exploitation, trafficking, behavioral profiling of children based on their online activities, misuse of personal data, cyber bullying and access to age-inappropriate content.
The petitioner argues that there is no effective and equitable way to enforce age-related rules for children to open social media accounts, which could affect their online safety.
Now what happens next?
Currently, banning social media accounts of people under 18 years of age has come up as a proposed legislative change. The Center has asked the Supreme Court to amend the rules to give legal basis to such restrictions. If this change is implemented, social media companies will be held responsible for preventing minors from registering accounts. Technical arrangements like age verification may also be necessary for this. The matter is still in the legislative process and the status will be clarified based on the rules proposed by the central government and the directions of the Supreme Court.
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