In a significant development concerning digital safety and children’s welfare in India, the Supreme Court of India on April 4, 2025, dismissed a Public Interest Litigation (PIL) that sought a statutory ban on social media usage for children below 13 years of age. The bench, comprising Justices B.R. Gavai and Augustine George Masih, emphasized that such regulatory decisions are a matter of legislative policy, and the judiciary cannot enforce a blanket ban in this regard.

The petition, filed by Zep Foundation, had urged the apex court to direct the Central Government and other stakeholders to frame stringent laws preventing children under 13 from accessing social media platforms. The plea raised alarm over the adverse psychological and emotional effects that uncontrolled exposure to social media content can have on minors. It cited examples from global research and pointed toward the need for biometric verification systems to ensure age-appropriate access.

However, the Supreme Court remained firm in its stance, stating, “It is a policy matter. You ask Parliament to enact the law,” clearly indicating that the matter must be taken up by the legislature, not the judiciary. The apex court refused to entertain the plea but allowed the petitioner to make a formal representation to the appropriate governmental authority, suggesting that such representation, if made, should be considered in accordance with the law within eight weeks.

This ruling comes amidst a growing debate globally around children’s access to digital platforms, the influence of algorithmic content on young minds, and the rising incidents of online abuse, cyberbullying, and exposure to violent or age-inappropriate content.

Concerns Raised by the Petitioner:

The Zep Foundation’s plea highlighted several concerns, including:

• Lack of age verification by social media platforms.

• Inadequate regulatory mechanisms to protect minors from harmful content.

• The psychological effects of social validation and peer pressure driven by likes, comments, and followers.

• Exposure to online predators, scams, and misinformation.

• The growing trend of children posting dangerous or illegal content to gain attention.

To address these issues, the petition demanded a mandatory biometric verification system (like Aadhaar-based login) for access to social media, legal mandates for parental controls, and strict penalties for non-compliance by platforms like Instagram, Facebook, Snapchat, and others.

Court’s View: Policy, Not Judiciary

The Supreme Court, while recognizing the validity of concerns raised, reiterated the separation of powers enshrined in the Constitution. Matters that require wide consultation, stakeholder engagement, and social consensus must be debated and enacted by the legislature, not enforced by a court ruling.

This view aligns with prior decisions where the judiciary has declined to interfere in policy matters, especially those involving technological, social, and economic regulation.

Petitioner Granted Liberty to Approach Authorities

While dismissing the plea, the court granted the petitioner liberty to approach the concerned ministry or authority, possibly the Ministry of Electronics and Information Technology (MeitY), for redressal of their concerns. The bench clarified that any such representation should be duly considered within eight weeks, which leaves the door open for policy discussion at the executive level.

Background: Growing Digital Dangers

This ruling also comes in the backdrop of increasing incidents involving children misusing social media platforms. Just a day before the verdict, Delhi Police arrested a 23-year-old man for posting reels on social media with illegal firearms, an alarming trend seen among youth seeking quick fame or social media popularity.

In another case, schools and parents have raised concerns about platforms not taking adequate steps to filter or restrict access based on age. The current guidelines by platforms often rely on self-declared age, which is easily bypassed by children.

Global Context: How Other Countries Regulate

Globally, many countries are tightening rules around digital access for minors:

• United States: The Children’s Online Privacy Protection Act (COPPA) prohibits websites from collecting data from children under 13 without parental consent.

• European Union: Under GDPR, children under 16 require explicit parental consent to use digital services.

• United Kingdom: The Age Appropriate Design Code regulates how online services handle data from children.

India currently lacks a comprehensive framework like these, although Data Protection laws and IT Rules offer some protections.

Experts Weigh In: The Need for Balanced Regulation

Legal and cyber experts have praised the court for maintaining the balance of power but also called for urgent action by the government. They stress the importance of a regulatory framework that ensures safe internet use for children without curbing their right to learn and interact digitally.

Advocates have proposed a graded access model, where children’s interaction with the digital world is based on age-appropriate content filters, AI-based moderation, and real-time parental control tools.

What Happens Next?

The ball is now in the government’s court. If the petitioner submits a detailed representation, the authorities may be compelled to initiate consultations or even propose a new bill or amendment in Parliament related to Children’s Digital Safety.

For now, the Supreme Court’s verdict underlines the constitutional principle that policy decisions should be left to elected lawmakers, not courts. It also sets a precedent for future digital rights-related PILs, indicating that while the judiciary can guide, only Parliament can legislate.

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