Supreme Court asks Centre to respond to plea seeking safeguards for minors on social media

The Supreme Court on Thursday issued notice to the Central government on a public interest litigation (PIL) petition seeking safeguards, including firewalls, to protect children below eighteen years from exploitation on social media and other digital platforms..A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing the plea filed by NGO Just Rights for Children Alliance (JRCA).As per the petition, the absence of an effective mechanism to verify the age and authority of users exposes children to online grooming, sexual exploitation, digital trafficking, sextortion, cyberbullying and exposure to age-inappropriate content..While issuing notice, Justice Bagchi orally observed that there should be safeguards like firewalls to protect children in the digital environment..The plea was filed raising concerns over minors being allowed to independently create and maintain social media accounts despite their incapacity to enter into contracts under Section 11 of the Indian Contract Act, 1872. Senior Advocate HS Phoolka, appearing for JRCA, said the incapacity of a minor to enter into a contract is settled law and that this protection cannot disappear when the agreement moves online.The petitioner said that directions should be issued to the Centre to inform digital platforms that any contract entered into by a child below eighteen is void ab initio, and steps should be taken to suspend such contracts. Further, it was contended that a specific provision should be inserted in the Information Technology Rules, 2021 or fresh guidelines should be issued requiring parental consent for minors to create social media accounts. In such cases, the guardian's identity should be verified through e-KYC or another recognised mechanism, it was submitted..The petitioner made it clear that it was not seeking to exclude children from the digital ecosystem since such platforms play an important role in education and developing skills. Instead, it was advocating a "prevention by design" approach, the petitioner said.Advocate Saksham Maheshwari also appeared for the petitioner along with Phoolka.