SC seeks Centre’s response to plea for restrictions on children’s social media access

The Supreme Court of India has requested the central government to respond to a petition filed by an Indore-based school seeking restrictions on children's access to social media platforms. The petition, submitted by Emerald Heights International School and its director, Siddharth Singh, argues that the state has a constitutional duty to protect minors from online threats such as cyberbullying, sexual exploitation, and exposure to harmful content. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice in the matter and scheduled a further hearing for December 7. The petition calls for a comprehensive and enforceable regulatory framework to safeguard children from the risks associated with social media use. It highlights the inadequacy of relying solely on parental oversight or self-regulation by technology firms. The legal challenge has been filed by Vaibhav Choudhary on behalf of the petitioners, represented by advocate Khushbu Jain. The respondents in the plea include the Union government and several ministries, including those of electronics and information technology, women and child development, and law and justice, along with the National Commission for Protection of Child Rights. The petition coincides with a global trend toward implementing age-based restrictions on social media access. Australia introduced a minimum age of 16 for social media accounts in December 2025, while France passed legislation in 2023 requiring parental authorization for children under 15 to open social media accounts. These developments reflect increasing concern over the impact of social media on children's mental health, safety, and overall development. In India, the Union government has been exploring similar measures. The Economic Survey 2025-26 recommended age-based safeguards, including age verification and age-appropriate defaults on digital platforms. Earlier reports indicated that the government was considering restricting access for children under 16 through amendments to the Information Technology Rules, following consultations with social media platforms. Discussions have focused on whether specific categories of accounts should be restricted instead of enforcing a broad ban. While India's existing Digital Personal Data Protection law mandates verifiable parental consent for processing the personal data of children under 18, there is currently no general statutory minimum age for accessing social media. The petition invokes Articles 14, 15(3), 21, and 21A of the Indian Constitution, asserting that the state's failure to provide effective protection against predictable social media harms infringes upon children's fundamental rights. It also references the directive principles of state policy outlined in Articles 39(e) and 39(f), emphasizing the need to protect children from abuse and exploitation and to ensure their development in conditions of freedom and dignity. This plea follows the Supreme Court's recent decision to consider a related issue regarding the lack of guidelines for managing social media accounts opened by minors. On September 10, a bench led by CJI Surya Kant requested the Centre's response to a petition filed by a non-profit child rights organization, noting the necessity of safeguards to protect children online. At that time, the bench emphasized the importance of establishing protective measures for Indian children. In a separate development, the Supreme Court has also asked the central government to respond to a plea seeking directions to establish uniform procedural safeguards and guidelines governing all forms of 'talaq' under Muslim personal law. A bench consisting of CJI Surya Kant and Justice Joymalya Bagchi heard arguments from the petitioner's counsel, who challenged the validity of 'Talaq-e-Hasan,' a form of divorce allowing a man to end his marriage by declaring 'talaq' once each month over a three-month period. The plea seeks to declare 'Talaq-e-Hasan' and other unilateral forms of 'talaq' as unlawful and requests the government to implement measures providing economic and social protection for divorced women and their children. Meanwhile, in Karnataka, officials have approached the central government regarding potential restrictions on social media access for individuals under the age of 16. This issue is anticipated to be discussed in the upcoming Cabinet meeting.