SUPREME COURT QUESTIONS LEGAL BASIS OF MINORS’ SOCIAL MEDIA ACCOUNTS, SEEKS STRONGER SAFEGUARDS

September 29, 2026

The Supreme Court has asked the Centre to examine whether statutory safeguards can be introduced to regulate the access of children below 18 to social media and other digital platforms.

A Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was hearing a petition filed by the Just Rights for Children Alliance seeking protection for minors in the digital environment. The petition argues that children below 18 cannot independently enter into contracts under Section 11 of the Indian Contract Act, raising questions over how they can accept the contractual terms required to create social-media accounts.

The petition has sought measures including effective age verification and parental or guardian involvement where minors are permitted to access digital platforms. It has also highlighted concerns including online grooming, sexual exploitation, trafficking, cyberbullying, behavioural profiling, misuse of personal data and exposure to inappropriate content.

Justice Bagchi asked the Centre to consider whether the proposed safeguards could be incorporated into statutory rules rather than remaining merely advisory guidelines. Solicitor General Tushar Mehta told the Court that the government would examine the issue, including the possibility of a mechanism based on parental consent.

The Court's consideration comes amid a broader debate over children's access to social media in India, particularly the gap between platforms' age policies and the country's legal framework governing minors and contractual capacity. The matter is expected to be heard again after the Centre examines possible regulatory measures.