The Government of India is preparing to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules to legally prohibit individuals under the age of 18 from creating accounts on social media platforms.
Key Developments and Core Details
A Supreme Court bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana questioned how social media companies could permit minors to establish user profiles. The court pointed out that signing up for a social media account establishes a contractual relationship between the user and the platform. Under Indian contract law, minors are not legally competent to enter into enforceable agreements, rendering such user contracts void ab initio (invalid from the outset)
The court emphasized that voluntary corporate guidelines and self-regulation are inadequate. It directed that digital intermediaries operating within India must align their software, user onboarding procedures, and membership policies directly with domestic law rather than applying foreign age limits (such as the standard 13-year threshold used in the United States).
Appearing for the Centre, Solicitor General Tushar Mehta agreed with the bench’s observations during a plea filed by the child-rights organization Just Rights for Children Alliance. Mehta assured the court that statutory amendments are underway to make it a mandatory obligation for intermediaries to bar minors from opening social media accounts.
Exemptions for Educational Platforms:
The proposed framework will differentiate general social networking services from academic resources. Access to educational portals and learning websites will remain accessible to users under 18, provided parental consent and parent-verified onboarding are established.
