NEW DELHI: Agreeing with Supreme Court, Centre on Monday said it would soon insert a provision in the Information and Technology Intermediary Rules to prevent social media intermediaries from allowing children under 18 years of age to open social media accounts, reports Dhananjay Mahapatra.Agreeing with the bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana as well as petitioner NGO ‘Just Rights for Children Alliance’ counsel H S Phoolka, Solicitor General Tushar Mehta said the agreements entered into by intermediaries and minors were void contracts and these must be prevented.Membership of educational websites can be taken through consent of parents,” solicitor general Tushar Mehta said, adding that Centre would step in to make it a statutory obligation for intermediaries not to allow minors to have social media accounts.Justice Bagchi said, “They have registered under the laws of US and imported into Indian digital space the restrictions which are applicable in US (on minors’ opening accounts on social media platforms), which is impermissible under Indian law.”When Mehta said “we will have to control intermediaries”, the bench responded, “Our request to you – will Centre pass some directions under Intermediary Rules that they should fashion their software or platform in conformity with Indian laws?”The SG said, “They will have to conform to Indian laws and there is no doubt about it. Something can be done, something should be done and something will be done.” Justice Bagchi said, “They must restrict, at least in registering membership, to a minimum threshold of 18 years.” The SG agreed and said it must now be inserted in some law or rules to make intermediaries compliant with Indian laws.
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Senior advocate Phoolka said govt had certain guidelines on this issue, which needed enforcement. The SG said it must now be enforced through a statute. CJI Kant said it must be through a statutory mechanism as the SG said and asked govt to consider it and get back with a response.The NGO complained that “absence of an effective and uniform mechanism giving practical effect to such statutory incapacity in the digital environment exposes children to foreseeable risks, including online grooming, sexual exploitation, trafficking, behavioural profiling, misuse of personal data, cyberbullying, exposure to age-inappropriate content.”
