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The petition has also raised concerns over children’s exposure to risks including online grooming, sexual exploitation, trafficking, cyberbullying and age-inappropriate material.
The Supreme Court of India. (File photo)
The Centre is set to examine whether existing rules governing social media intermediaries can be strengthened to prevent children below 18 from independently creating accounts and entering into contracts with digital platforms, following directions from the Supreme Court.
The issue came up before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, which is hearing a plea seeking stronger safeguards for minors using social media and other digital platforms.
The court on Monday asked the government to consider whether the safeguards could be incorporated into the statutory framework governing intermediaries instead of being limited to voluntary guidelines.
“Something can be done, something should be done and will be done. We have to come back…” Solicitor General Tushar Mehta, appearing for the Centre, told the bench.
Justice V Mohana Bagchi stressed that digital platforms should ensure that their systems comply with Indian law.
“Please pass directions under the intermediary rules that they fashion their software, or whatever the platform is called, in conformity with Indian law. The software has to conform with Indian law. That is our request,” Justice Bagchi told the solicitor general.
“Not a request, a direction,” Mehta said.
At A Glance
The Supreme Court is examining whether existing rules can prevent children under 18 from independently creating social media accounts.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is hearing a plea for stronger safeguards for minors.
The court asked the government to consider incorporating safeguards into the statutory framework governing intermediaries.
The NGO Just Rights for Children Alliance filed a plea seeking enforceable safeguards for children on social media.
The petition argues that Section 11 of the Indian Contract Act states persons below 18 lack legal capacity to independently contract.
The case stems from a plea filed by the NGO Just Rights for Children Alliance, which has sought enforceable safeguards for children accessing social media platforms. The petition argues that under Section 11 of the Indian Contract Act, a person below 18 does not have the legal capacity to independently enter into a contract.
Senior advocate H S Phoolka, representing the petitioner, told the court that there was no need to wait for the proposed data protection framework since existing law already addresses the contractual capacity of minors.
“Under existing Indian law, these contracts are void. We don’t need to wait for the Data Protection Act. Existing law bars them,” he said.
The petition has asked the Centre to either amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or introduce specific provisions requiring digital platforms to obtain parental or legal guardian consent before entering into contracts with users below 18. It has also sought identity verification or e-KYC of the parent or guardian.
The plea contends that children below 18 can currently create and operate accounts on several platforms without a uniform and enforceable age-assurance mechanism, despite Indian law treating them as minors.
It specifically points to platforms such as Facebook and Snapchat, which allow account creation from the age of 13, and argues that this creates a mismatch with India’s legal framework for minors.
The petition has also raised concerns over children’s exposure to risks including online grooming, sexual exploitation, trafficking, cyberbullying, manipulation, profiling, misuse of personal information and age-inappropriate material.
It further alleges that despite legal restrictions on child sexual abuse and exploitative material, online platforms have not adequately implemented automated filtering and age-verification systems.
The Supreme Court had earlier flagged the need for safeguards for minors during a hearing on September 10 and sought responses from the ministries of Electronics and Information Technology and Law and Justice.
“We need some safeguards in India,” the bench had said.
With inputs from PTI
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Ask News18The Centre is examining whether to strengthen intermediary rules to prevent children under 18 from independently creating accounts and entering into contracts, following directions from the Supreme Court. The court is hearing a plea seeking enforceable safeguards for minors to protect them from online risks.
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Prisha is the Chief Sub-Editor at News18.com, with more than 10 years of experience in national and international news. She specialises in editorial leadership, sharp news judgment, and high-impact st…Read More
Delhi, India, India
September 29, 2026, 07:47 IST
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