SC Declines to Intervene, Suggests Petitioners Approach Appropriate Authorities.
The Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) seeking a nationwide ban on social media usage by children below the age of 13. A bench comprising Justice B.R. Gavai and Justice Augustine George Masih observed that the issue was a policy matter and not one for judicial intervention.
However, the court granted the petitioner liberty to approach the concerned government authorities within eight weeks.
The PIL was filed by the JEP Foundation, urging the court to mandate a biometric age verification mechanism across social media platforms to block underage access.
Alarming Data: How Deep Are Indian Teens Into Social Media?
According to research by Redseer, the average Indian social media user is active on 11 different platforms.
More strikingly, Indian teenagers spend an average of 7.3 hours a day on social media—more than their counterparts in the U.S. (7.1 hours) and China (5.3 hours).
Impact of Social Media on Children:
| Impact Area | Affected (%) |
|---|---|
| Physical Activity | 69% |
| Sleep Patterns | 63% |
| Eating Habits | 41% |
Daily Screen Time Breakdown Among Indian Teens:
| Daily Social Media Usage | Percentage of Teens |
|---|---|
| More than 4 hours | 10% |
| 2–4 hours | 21% |
| 1–2 hours | 33% |
| 30 minutes–1 hour | 22% |
| Less than 30 minutes | 15% |
India’s DPDP Act: A Step Toward Regulation
Under the Digital Personal Data Protection Act, 2023, passed in October, the Indian government released a draft framework making parental consent mandatory for users below 18 to access social media platforms.
- Consent would be verified through OTP-based authentication sent to the parent’s registered mobile or email.
- Platforms would be barred from sharing such users’ data publicly.
- The option to withdraw consent at any time will be available.
- Non-compliance may attract fines up to ₹250 crore.
Australia Sets the Global Benchmark with Its Ban
In November 2024, Australia became the first country in the world to pass a law banning children under 16 from accessing social media platforms like X (formerly Twitter), Facebook, and Instagram.
- Platforms failing to comply can be fined up to ₹275 crore ($32.5 million).
- Notably, parental consent will not be a valid exemption under the new law.
- Prime Minister Anthony Albanese strongly supported the law, calling social media a “source of online crime and stress.”
Is Such a Ban Possible in India?
With the Supreme Court distancing itself from the issue, it is now up to the Parliament and executive authorities to consider legislative action. The DPDP Act shows that the government is moving towards tighter online regulation for minors, but a complete ban—like Australia—would require bold legislative intervention.
📌 Related Article: Why Australia Banned Kids From Social Media and What India Can Learn
📺 Watch Analysis: The Legal Observer on YouTube
