The Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) seeking a statutory ban on social media usage by children below 13 years of age, citing that the matter falls within the policy domain. The bench of Justices BR Gavai and AG Masih disposed of the plea, granting liberty to the petitioner to approach the Union Government.
“Inasmuch as the relief sought is within the domain of policy, we therefore dispose of the petition with liberty to the petitioner to make a representation to the respondent-authorities,” the bench said. The government has been directed to consider the representation within eight weeks from its receipt.
Filed by Advocate-on-Record Mohini Priya, the PIL highlighted the severe physical, mental, and psychological impact of excessive social media usage on children, calling it a growing national health crisis. The plea stated that unrestricted access for children under 13 leads to anxiety, depression, and reduced cognitive abilities, supported by research from Social Media Matters and other academic studies.
The petitioner also requested mandatory parental controls, real-time monitoring, and strict age verification mechanisms, including biometric authentication for children aged 13 to 18. The plea urged for penalties against platforms failing to enforce protective measures and algorithmic safeguards to prevent addictive content.
Referring to international best practices in countries like the UK, Australia, and the U.S., the plea emphasized that a statutory ban for users under 13 is vital in India where 30% of the population falls in the 4–18 age bracket.
The draft Digital Personal Data Protection Rules, 2023 already proposes obtaining parental consent before granting access to minors, but the petitioner argued that enforcement remains weak, especially on platforms like Facebook and Instagram, where underage accounts are often flagged only after complaints.
The petition also flagged rising cyberbullying, with nearly 33.8% of adolescents reporting being harassed online at least once, urging that immediate regulatory action was necessary to safeguard mental health and online safety of minors.
