In a significant move to safeguard the digital future of India’s youth, the Madras High Court has suggested that the Union Government consider enacting legislation similar to Australia to ban social media for children under 16.
A division bench comprising Justice G Jayachandran and Justice K K Ramakrishnan made this recommendation while hearing a 2018 Public Interest Litigation (PIL) regarding the easy accessibility of pornographic content to minors.
The court highlighted the alarming rise in child sexual abuse material (CSAM) and emphasized that current regulatory measures are insufficient.
This judicial nudge aims to prompt a nationwide debate on whether India should adopt a strict age-based barrier for social media platforms to protect minors from psychological and physical harm.
The Australian Model
The court specifically pointed toward Australia’s landmark “Social Media Minimum Age” law as a potential solution for India’s digital challenges. Australia recently became the first nation to legally mandate a minimum age of 16 for social media users, placing the burden of age verification on the platforms rather than parents.
The Madras High Court observed that such a law could curb the exposure of Indian children to addictive algorithms and harmful content.
By referencing this global precedent, the bench underscored the need for a sovereign legislative framework that holds tech giants accountable for the safety of their youngest and most vulnerable users.
Social Media Ban
The recommendation surfaced during the disposal of a long-standing PIL filed by S. Vijayakumar, which sought to block websites hosting child pornography.
Despite various government efforts, the court noted that objectionable content remains rampant and easily accessible via mobile devices. The judges expressed grave concern that children are being exposed to “obnoxious and harmful” material that can lead to deviant behavior and victimization.
They pointed out that the Information Technology Rules of 2021 have not been entirely successful in filtering out such content, necessitating a more robust and direct legal intervention to prevent digital exploitation.
Empowering Parents
Beyond suggesting a blanket ban, the Madras High Court emphasized the importance of “parental window services” and stricter regulations for Internet Service Providers (ISPs).
The bench suggested that ISPs should be mandated to provide tools that allow parents to monitor and restrict their children’s internet activity at the user end. This multi-layered approach suggests that while the law provides a shield, technology must provide the sword for parents to fight digital threats.
The court urged the National and State Commissions for Protection of Child Rights to collaborate on comprehensive action plans that move beyond simple awareness and into actual enforcement.
The Logical Indian’s Perspective
At The Logical Indian, we believe that protecting children from the dark side of the internet is a moral imperative that requires collective action.
While a ban on social media for those under 16 may seem drastic, it reflects the growing realization that digital platforms were not designed with a child’s safety in mind.
However, legislation must be accompanied by deep-rooted digital literacy and the promotion of healthy online habits. We advocate for a society where technology serves as a tool for growth rather than a trap for the innocent.
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