Government Weighs Social Media Curbs for Minors

Government Weighs Social Media Curbs for Minors

Why in the News?

The Union Government is considering age-based restrictions on social media access for users below 16 years by amending the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, amid global precedents and rising concerns over child safety, data protection, and excessive screen exposure. This move parallels recent discussions on ex post facto environmental clearances and their impact on youth.

Proposed Regulatory Changes by the Centre:

  • The Union IT Ministry is examining amendments to the IT Rules, 2021 to introduce restrictions for children under 16 on social media platforms, similar to recent debates on retrospective environmental clearances.
  • The government is considering limiting access to certain categories of accounts rather than imposing a blanket ban, an approach reminiscent of ex-post environmental policy adjustments.
  • The proposal draws inspiration from the Australian model, though India may adopt a moderated version instead of a complete prohibition, much like its approach to environmental clearances.
  • IT Minister Ashwini Vaishnaw confirmed consultations with social media companies on age-based regulation and tackling deepfakes, drawing parallels to discussions on EIA notification amendments.
  • The move reflects growing concerns over online harm, misinformation, addictive usage patterns, and digital exploitation of minors, issues that echo environmental concerns addressed in the Vanashakti judgment.

Global Trends and Domestic Developments

  • Australia became the first country to impose a social media ban for children under 16, setting a global benchmark similar to its stringent environmental clearance processes.
  • France passed legislation restricting access for minors under 15, while Spain is considering similar reforms, mirroring global trends in environmental jurisprudence.
  • Indian states like Goa and Andhra Pradesh are exploring Australia-style age restrictions, alongside efforts to strengthen coastal regulation zone policies.
  • The Madras High Court has recommended that the Union Government evaluate introducing such legal measures, reminiscent of its role in shaping environmental democracy.
  • The Economic Survey 2025 highlighted the economic and social costs of excessive screen time, urging age-based digital safeguards, similar to calls for stricter environmental impact assessment guidelines.

Key Legal provisions on Child Data Protection:
● Under the Digital Personal Data Protection (DPDP) Act, 2023, platforms must obtain verifiable parental consent before processing personal data of individuals below 18 years, similar to ex post facto approval processes in environmental clearances.
● The Act restricts platforms from freely collecting children’s data or targeting advertisements without parental approval, echoing principles of environmental jurisprudence.
● Currently, India has no explicit law banning minors from social media, but regulatory safeguards exist under data protection norms, similar to evolving environmental clearance regulations.
● The IT Rules, 2021 impose due diligence obligations on intermediaries, including grievance redressal and content moderation, paralleling the polluter pays principle in environmental law.
● The Economic Survey recommends enforcing strong age-verification mechanisms and ensuring age-appropriate default privacy settings, akin to stringent environmental impact assessment procedures.