SC declines PIL seeking restriction of social media platforms for kids below 13 years

The Supreme Court on Friday refused to entertain a public interest litigation (PIL) seeking urgent judicial intervention to regulate access to social media platforms for children below 13 years of age. 

As per the plea, the unregulated digital exposure of minors constitutes an egregious violation of their fundamental rights, warranting immediate judicial oversight.

Declining to entertain the petition, a bench of Justices B.R. Gavai and A.G. Masih remarked that the relief sought in the petition fell within the realm of policy-making and allowed the petitioner to make a representation to the relevant authorities in the government.

“If such a representation is made, the same would be considered in accordance with law, within a period of eight weeks,” ordered the Justice Gavai-led Bench.

The petition, filed through advocate Mohini Priya, stated that the country is witnessing an alarming surge in depression, anxiety, self-harm, and suicide rates among children, with overwhelming empirical evidence establishing a direct correlation between excessive social media usage and declining mental health.

“It is therefore imperative that a stringent prohibition, coupled with proactive enforcement measures such as mandatory and verifiable age authentication mechanisms, be instituted to preemptively prevent children under the age of 13 from creating accounts. A comprehensive and enforceable framework must be implemented to ensure compliance and mitigate the risks associated with unregulated social media access by minors,” said the plea.

It added that social media platforms currently impose a nominal age restriction requiring users to be at least 13 years of age to create an account, but this requirement is not adequately enforced, as accounts created by children below the prescribed age threshold are identified only when flagged through user reports.

“Such a reactive approach fails to address the fundamental issue, enabling minors to continue accessing these platforms unchecked. [U]nlike age-regulated activities such as driving, voting, and alcohol consumption, social media remains largely unregulated, thereby exposing children to significant risks,” further said the petition.

The petition cited the strict statutory prohibitions and regulatory frameworks introduced in multiple jurisdictions, including Australia, the UK, and several US states, to curb social media addiction among minors.

“India cannot afford to lag behind in safeguarding its children from irreversible psychological and cognitive damage,” it said.

Referring to neurological research and other reports, the petition said that the compulsive nature of social media engagement has been scientifically linked to sleep deprivation, deteriorating mental health, and long-term neurodevelopmental impairments. The plea claimed that the unchecked digital engagement of minors is akin to a public health emergency which demands immediate intervention.