The Supreme Court of India has declined to directly entertain a public interest litigation (PIL) seeking a legal ban on the use of social media platforms by children under the age of 13. The petition raised alarms over the increasing psychological, physical, and emotional risks linked to unrestricted social media access among young users.
A bench led by Justices BR Gavai and AG Masih observed that the matter falls within the purview of policy-making and advised the petitioner to take the issue to 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...to be considered in accordance with law within a period of 8 weeks from the date of receipt," the bench stated.
The plea was filed by Advocate-on-Record Mohini Priya, who highlighted the dangers of unchecked social media usage by minors, particularly those under 13. The petitioner urged the Court to initiate a statutory prohibition, citing long-term health risks and a rising trend of mental health disorders among children.
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The petition didn’t just seek a blanket ban for children under 13—it also recommended strong regulations for teenagers aged 13 to 18. These included:
Mandatory Parental Controls for teen accounts.
Real-Time Monitoring Tools to oversee online behavior.
Robust Age Verification Systems, including biometric checks.
Strict Content Filters to restrict inappropriate or addictive material.
Hefty Penalties for social media platforms that fail to comply with child protection norms.
Algorithmic Safeguards to block addictive content targeted at minors.
"India is witnessing an alarming surge in depression, anxiety, self-harm, and suicide rates among children, with overwhelming empirical evidence establishing a direct correlation between excessive social media usage and declining mental health," the petition said.
The petitioner cited a study by Social Media Matters, which found that many children spend over five hours per day on social media platforms. This excessive use, paired with addictive content driven by algorithms, has reportedly led to:
- Poor academic performance
- Declining attention spans
- Increased anxiety and depression
- Sleep deprivation
- Impaired brain development
"Recent reports from Maharashtra indicate that 17% of children aged 9-17 years spend over six hours daily on social media or gaming platforms. This alarming statistic highlights the rapid deterioration of academic performance, cognitive abilities, and psychological well-being among minors."
The compulsive engagement with social media, the petitioner argued, is contributing to an “unprecedented mental health crisis” in the country.
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The plea also pointed out how other countries have already moved ahead with strict child-safety regulations. Nations like Australia, the UK, and several U.S. states have enacted tough laws to reduce digital exposure among minors.
"Given that approximately 30% of India's population comprises individuals within the 4-18 age group, it is imperative to implement a statutory prohibition on social media access for children under 13 years."
Another major concern raised was the sharp increase in cyberbullying incidents, enabled by the anonymous nature of digital platforms. The petition noted:
"Studies reveal that cyberbullying incidents have significantly increased, with nearly 33.8% of adolescents reporting being victims at least once in their lifetime."
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The plea criticized the weak enforcement of existing age restrictions by major platforms like Facebook and Instagram, which require users to be at least 13 years old.
"Social media platforms such as Facebook and Instagram, operated by Meta, currently impose a nominal age restriction requiring users to be at least 13 years of age to create an account. However, this requirement is inadequately enforced, as accounts created by children below the prescribed age threshold are identified only when flagged through user reports."
This reactive system, the petitioner argued, fails to prevent children from creating fake accounts and continuing their use of these platforms without consequence.
The petition referenced the Draft Digital Personal Data Protection Act, 2023, and its associated rules, which propose mandatory parental consent before allowing minors to open accounts on social media or gaming platforms.
The petitioner insisted these rules should include strong, non-negotiable protections—especially for children under 13.
Case Title: ZEP FOUNDATION Versus UNION OF INDIA AND ORS., Diary No. 8128-2025
