The Supreme Court on Monday asked the Central government to examine whether statutory rules can be put in place to ensure that social media platforms comply with Indian law governing contracts entered into by minors..A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a public interest litigation (PIL) petition filed by NGO Just Rights for Children Alliance seeking safeguards for children below eighteen years who access social media and other digital platforms..The petition was filed raising concerns over minors independently creating social media accounts by accepting the terms of service of digital platforms despite Section 11 of the Indian Contract Act rendering minors incompetent to contract.The petition said there should be age-verification mechanisms, parental consent requirements and other safeguards for minors accessing digital platforms, rather than a complete prohibition on their access to the internet..Senior Advocate HS Phoolka, appearing for the petitioner, submitted that there was no need to await the Data Protection framework since contracts entered into by minors were already void under existing law."Under the existing Indian law, these contracts are void. We don't need to wait for the Data Protection Act. Existing law bars them," Phoolka said..Justice Bagchi asked the Centre to consider issuing directions to social media intermediaries to fashion their platforms in conformity with Indian law."Please pass directions under the intermediary rules that they fashion their software, or whatever the platform is called, in conformity with Indian law. The software has to be in conformity with Indian law," Justice Bagchi said..The Bench also referred to the regulatory framework governing intermediaries, including Section 79 of the Information Technology Act.Phoolka submitted that the government could invoke the existing framework to issue directions against intermediaries."Something can be done, something should be done and will be done," Solicitor General Tushar Mehta told the Court..The discussion then turned to whether the intermediary rules already provide for a minimum age threshold for creating accounts on social media platforms.The Bench indicated that platforms must conform to the legal position concerning the contractual capacity of persons below eighteen years and asked the Centre to examine the existing rules..Justice Bagchi stressed that any such requirement should have statutory force rather than remain an executive guideline."Guidelines are mere guidelines. It should be in some statutory format," he observed.Mehta said the government would examine the issue..Senior Advocate HS Phoolka and advocate Saksham Maheshwari appeared for Just Rights for Children Alliance.Solicitor General Tushar Mehta appeared for the Central government..[Read Live Coverage]
