‘Must be 18 to create social media accounts’, says SC:Apex Court asks govt to make strict rules; orders platforms to comply

The Supreme Court on Monday asked the government to consider making a law regulating social media accounts of children under 18. The Court said social media platforms must follow Indian laws concerning minors. Children under 18 are not legally capable of entering into contracts on their own. A Bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a petition filed by Just Rights for Children Alliance (JRCA) seeking stronger safeguards for children on social media and other digital platforms. SC says rules for minors should be statutory Justice Joymalya Bagchi said safeguards for minors on social media should not remain mere guidelines. He asked Solicitor General Tushar Mehta to consider giving them a statutory basis under intermediary rules. Bagchi said platforms must structure their systems according to Indian legal requirements. Mehta referred to Section 79 of the IT Act and said the issue may fall under the Digital Personal Data Protection Act, 2023. Existing law makes minors’ contracts void Senior advocate HS Phoolka, appearing for JRCA, said relevant data-protection provisions will come into force in 2027, but there was no need to wait. He said agreements entered into by minors are already void under existing law. Mehta suggested a system based on parental consent, with contracts between parents and platforms. Foreign platforms must follow Indian laws The Bench said digital intermediaries operating in India, including US-based companies, must follow Indian laws. The Centre can direct intermediaries under Section 79 of the IT Act to comply with laws concerning minors. Petition highlights online risks The petition cited risks including online grooming, sexual abuse, digital trafficking, sextortion, behavioural profiling, misuse of personal data and cyberbullying. ​