India to Create Statutory Bar on Minors' Social Media

The Government of India is planning to establish a statutory framework to prevent minors under the age of 18 from independently opening social media accounts. This move follows a public interest litigation filed by the Just Rights for Children Alliance, which argued that allowing children to accept terms of service contradicts the Indian Contract Act, rendering such agreements void.

During hearings led by Chief Justice Surya Kant, the Supreme Court of India noted that digital platforms have improperly imported U.S. restrictions into the Indian digital space. The court directed the central government to examine whether safeguards for users under 18 can be integrated into the statutory framework governing digital intermediaries. The court warned it would issue direct orders against intermediaries if the government fails to act.

Solicitor General Tushar Mehta agreed that contracts between minors and social media intermediaries are void and should be prohibited. He suggested that while general social media registration for those under 18 may face a legal bar, membership for educational websites could still be permitted through parental consent. Proposed enforcement mechanisms include identity verification via e-KYC and requiring platforms to align their software and registration processes with Indian law to protect children from cyberbullying, online grooming, and sexual exploitation.