Dynamite News SC refuses plea to ban social media for children below 13
The petition highlighted an unprecedented mental health crisis due to excessive digital exposure and urged the Court to enforce strict age verification mechanisms. Read further on Dynamite News:
New Delhi: The Supreme Court on Friday declined to entertain a Writ Petition under Article 32 seeking immediate judicial intervention to regulate and restrict access to social media for children under 13 years of age.
The petition highlighted an unprecedented mental health crisis due to excessive digital exposure and urged the Court to enforce strict age verification mechanisms.
A bench comprising Justice B.R. Gavai and Justice A G Masiah observed that the issue falls within the realm of policy-making and directed the petitioners to approach the government instead. "We are not inclined to entertain this petition," remarked Justice Gavai, emphasizing that such regulatory matters should be addressed by Parliament.
The petition was filed through Advocate-on-Record Mohini Priya. She argued that unrestricted social media access for young children violates their fundamental rights under Article 21, which includes the right to mental well-being, dignity, and healthy development.
The petitioners sought a complete ban on social media for children below 13, citing alarming statistics on rising depression, anxiety, self-harm, and suicide rates among minors due to algorithm-driven addiction. It also urged the Court to implement mandatory biometric-based age verification for social media platforms, Parental controls and real-time monitoring for children aged 13-18.
The Petitioner urged strict penalties for non-compliance by social media companies. There should be algorithmic safeguards to prevent targeting minors with addictive content.
During the hearing, the petitioners argued that the Digital Personal Data Protection Act, 2023 (DPDP Act) contains inadequate parental supervision measures, which can be easily bypassed.
They pointed to international precedents in Australia, the UK, and US states like Florida, where governments have enacted laws to protect minors from social media addiction.
However, Justice Gavai reiterated that such matters fall under the government’s purview, allowing the petitioners to make a formal representation to the relevant authorities.
The Court directed that if such a representation is made, it must be considered by the government within eight weeks.
The petition cited multiple studies indicating that Indian children are highly vulnerable to digital exploitation and psychological harm:30% of India’s social media users are between 4-18 years old.
A Maharashtra-based study found that 17% of children aged 9-17 spend over six hours daily on social media or gaming platforms.
Excessive digital exposure has been linked to declining academic performance, cognitive impairments, and long-term neurodevelopmental issues.
Neurological research referenced in the petition suggested that excessive social media consumption overstimulates dopamine pathways, mimicking substance addiction and increasing anxiety and depression risks.
The Court said that the petitioners have the option to formally present their concerns to the government, which must respond within eight weeks.