Make statutory rules to bar social media firms from adding minors: SC to Govt, Pg11

Key Highlights:

• The Supreme Court has urged the Centre to establish statutory rules preventing social media platforms from allowing minors to create independent accounts.
• The court emphasized that 18 years should be the minimum age requirement for social media membership, aligning with Indian contract laws.
• The directive came during the hearing of a Public Interest Litigation (PIL) filed by the NGO Just Rights for Children Alliance.
• The PIL highlighted that minors are legally incompetent to enter into contracts under Section 11 of the Indian Contract Act, 1872.
• The Supreme Court suggested the government invoke Section 79 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to issue necessary directions.

Detailed Insights:

• The current practice allows minors, often aged 13 and above, to create social media accounts by simply declaring their age.
• This practice is seen as a "fundamental legal and regulatory inconsistency" given the legal age of majority in India.
• Under Section 3 of the Majority Act, 1875, a person attains majority upon completing 18 years of age.
• The government, represented by the Solicitor General, agreed with the court's stance on minors' inability to contract.
• The court's intervention aims to ensure that digital intermediaries operating in India comply with domestic laws, rather than foreign regulations.
• The PIL also advocated for parental or guardian-controlled access for minors to educational content on digital platforms.
• Section 79 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, provides a framework for the government to issue directions to intermediaries.

Key Concepts Involved:

• Indian Contract Act, 1872: Governs contracts in India, with Section 11 stating that minors are incompetent to enter into contracts, rendering such agreements void.
• Majority Act, 1875: Defines the age of majority in India as 18 years, making individuals legally capable of entering into contracts and managing their affairs.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Rules framed under the Information Technology Act, 2000, that regulate digital intermediaries and online content, including provisions for government directions.