The Delhi High Court on Thursday said restricting or banning children’s access to social media platforms is a matter of policy and left it to the Centre to consider the issue and decide on an appropriate course of action.
A Division Bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora disposed of a public interest litigation seeking restrictions on children’s access to social media and stronger measures to prevent the circulation of Child Sexual Abuse Material (CSAM).
The court said the Central Government could consider the concerns and suggestions raised by the petitioners after consulting relevant stakeholders, including social media platforms. It, however, made clear that it was not setting any deadline for the government to take a decision.
The PIL was filed by Kirti Dua, a mother of a three-year-old child, and paediatrician Dr Sharad Gupta, who sought stronger safeguards against harmful online content, cyber risks and excessive social media use among children.
The petitioners had sought restrictions on social media access for children below 13 years of age, along with a comprehensive regulatory framework for online child safety.
The plea raised concerns over children’s exposure to sexually explicit and age-inappropriate content, cyberbullying and social media features that could contribute to addictive use. It also highlighted possible effects on children’s mental, emotional and physical well-being.
The petitioners argued that while India already has laws covering online safety, data protection and child protection, including the Information Technology Act, Information Technology Rules, Digital Personal Data Protection Act and the Protection of Children from Sexual Offences Act, stronger safeguards and implementation were required.
Among the measures sought were binding guidelines or legislation restricting social media access for children below 13, stronger age-verification systems, parental consent requirements and greater accountability for platforms in preventing minors from accessing harmful content.
The plea also referred to judicial precedents on online child safety and CSAM, as well as regulatory measures adopted in other countries to protect minors on social media.
The case had earlier come before a Bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia. Justice Karia later recused himself from hearing the matter.
The respondents include the Centre, various Union ministries, the National Commission for Protection of Child Rights and major social media platforms.
With Thursday’s order, the High Court has left the issue for the Centre to examine and formulate an appropriate policy or regulatory response. The court has not ordered an immediate ban or restriction on children’s access to social media.
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