SC dismisses plea to restrict social media for kids under 13

New Delhi: The Supreme Court rejected a public interest litigation (PIL) seeking urgent judicial intervention to regulate children's access to social media platforms, specifically those under 13 years old, on Friday.

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.

A petition filed by advocate Mohini Priya highlighted the alarming rise in depression, anxiety, self-harm, and suicide among children in India. It cited empirical evidence showing a direct link between excessive social media use and declining mental health in kids.

“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.

The petition noted that social media platforms have a minimum age requirement of 13 to create an account, but this rule is not effectively enforced. Accounts created by underage children are usually only detected when reported by other users.

“Such a reactive approach fails to address the fundamental issue, enabling minors to continue accessing these platforms unchecked. Unlike 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.

(inputs from PTI)