SC issues notice to Centre on children's social media age restrictions
Synopsis
Key Takeaways
The Supreme Court of India on Friday, 16 October 2026, issued notice to the Centre on a petition seeking a comprehensive and enforceable regulatory framework to protect children from the hazards of social media platforms, including age-based access restrictions and safeguards against online exploitation. The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi tagged the matter with a related pending petition and scheduled the next hearing for 3 December.
Who Filed the Petition
The petition was filed by The Emerald Heights International School and its Director (Academics), Siddharth Singh Girnar, against the Union of India, the Ministry of Women and Child Development, the Ministry of Law and Justice, and the National Commission for Protection of Child Rights (NCPCR). The petitioners contend that children are being granted unrestricted access to commercial social media platforms, and that the existing legal framework is ill-equipped to address the attendant risks.
The Core Legal Argument
At the heart of the plea is a discrepancy between platform-set age thresholds and Indian law. Social media platforms typically enforce a self-declared minimum age of 13 years, whereas the Digital Personal Data Protection Act, 2023, recognises every person below 18 years as a child and mandates enhanced safeguards — including verifiable parental consent and restrictions on tracking, behavioural monitoring, and targeted advertising.
The petition describes the current regime as 'fragmented, incomplete and inadequately operationalised,' arguing that there is no uniform, enforceable child-safety framework covering age verification, prevention of underage access, parental involvement, or platform accountability.
Harms Cited by the Petitioners
The petitioners have flagged a wide range of risks associated with children's unregulated social media use. These include cyberbullying, harassment, exposure to harmful content, and unwanted contact from strangers. The plea also points to documented mental health consequences — sleep deprivation, diminished concentration, anxiety, low self-esteem, and declining academic engagement — linked to prolonged platform use.
Parents, the petition notes, have raised concerns about excessive phone use, late-night screen exposure, and the risk of grooming and sexual exploitation, while finding it increasingly difficult to supervise or restrict their children's access.
What Relief Has Been Sought
The petitioners have asked the court to direct the Centre and relevant authorities to formulate a dedicated regulatory framework that provides for reliable, proportionate, and privacy-preserving age verification; graded, age-appropriate access; restrictions on harmful content; and mandatory default privacy settings for accounts belonging to minors.
They have also sought enforceable safeguards against grooming, sexual solicitation, cyberbullying, and the non-consensual circulation of intimate images — along with effective reporting mechanisms, prompt removal of harmful material, and proper preservation of digital evidence. In the alternative, the petition seeks outright restrictions on children's creation and use of social media accounts if lesser measures prove insufficient.
Broader Context
This petition arrives as several democracies are grappling with similar questions. Australia passed a law in late 2024 banning children under 16 from social media, while the United Kingdom and the United States have advanced or tightened age-gating rules. In India, the Digital Personal Data Protection Act, 2023 provides a legislative foundation, but implementing rules — including those on parental consent mechanisms — are yet to be fully notified, leaving a regulatory gap that the petitioners argue the courts must now address. The Supreme Court's decision to tag this matter with an existing similar petition suggests a coordinated judicial examination of the issue may be forthcoming.