Tezzbuzz Desk– This matter came to light during the hearing of a petition related to online safety of children. The petition has been filed by an NGO named Just Rights for Children Alliance. The organization has raised the issue of various risks regarding the use of social media and other digital platforms by minors. A three-member bench of the Supreme Court, headed by Chief Justice of India Surya Kant, has asked the Center to consider the statutory provision in this matter. The bench also includes Justice Joymalya Bagchi and Justice V. Mohana.
During the hearing, questions were also raised that when people under 18 years of age cannot freely form binding contracts under Indian law, how is the arrangement based on their terms of service with social media platforms. The court said that social media platforms should prepare their systems and software in accordance with Indian law while working in India. On behalf of the Centre, Solicitor General Tushar Mehta said that the government will take steps in this direction and such a provision can be included in the IT rules, so that it becomes a statutory responsibility for social media intermediaries not to allow children below 18 years of age to open accounts. With this, the rules will not be limited to just general guidelines, but it will be necessary for the platform to follow them.
Age verification may be required in the proposed system. Social media companies may have to make such technical arrangements in their systems that it will not be possible for a minor to create an account merely by stating his age. However, the manner in which age will be verified and what technology or process will be adopted for this is yet to be clarified in the final rules. The possibility of a separate arrangement regarding educational websites and online education services also came up in the hearing. The Center said that membership of education related websites can be taken with the consent of the parents. That is, the main focus of the proposed ban will be on social media accounts, whereas the option of parental consent can be kept for digital services related to education.
The petition filed regarding the online safety of children mentions risks like online grooming, sexual exploitation, cyber bullying, digital trafficking, misuse of personal data, behavioral profiling and access to age-inappropriate content. The petitioner says that an effective and uniform system is necessary for the safety of children. At present, the ban on social media accounts of those below 18 years of age has not been implemented. This is a step taken towards the legal change proposed by the Central Government. The situation will become clear based on further changes in IT rules and the Supreme Court hearing. If the proposed system is implemented, social media companies may have to take responsibility to stop account registration of minors and make necessary changes in their systems in accordance with Indian law.