SC Asks Centre to Examine Safeguards for Minors Online
On September 10, the court had sought responses from the Union ministries of electronics and information technology, and law and justice. “We need some safeguards in India,” it had said.
New Delhi: The Supreme Court on Monday asked the Centre to examine whether social media intermediaries could be placed under statutory obligations to ensure their platforms comply with Indian laws protecting minors, including the law on contracts entered into by children.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a plea by the NGO Just Rights for Children Alliance seeking safeguards for minors using social media. The plea also seeks to prevent platforms from entering into contracts with children below 18.
On September 10, the court had sought responses from the Union ministries of electronics and information technology, and law and justice. “We need some safeguards in India,” it had said.
Appearing for the petitioner, senior advocate H.S. Phoolka submitted on Monday that contracts entered into by minors were void under Indian law. He argued that platforms should have enforceable obligations rather than merely voluntary guidelines.
Justice Bagchi asked Solicitor General Tushar Mehta, appearing for the Centre, to examine whether such requirements could be given statutory force through the rules governing intermediaries.
“Please pass directions under the intermediary rules that they fashion their software, or whatever the platform is called, in conformity with Indian law. The software has to conform with Indian law. That is our request,” Justice Bagchi said.
“Not a request, a direction,” Mehta replied. He told the court that the Centre would consider the issue and return with its response.