Pass Australia-like legislation to ban social media for children under 16, Madras HC suggests Centre
The Madurai bench of the Madras High Court recently suggested India consider an Australia-like law banning social media for children under 16, citing grave child online safety concerns. Emphasising parental responsibility, the court urged immediate action from child rights commissions for awareness campaigns and the promotion of parental control apps to protect minors from harmful online content.
New Delhi: The Madurai Bench of the Madras High Court recently suggested that the Union government must mull passing a legislation like Australia which bans the use of social media for children who are below the age of 16.
The court said till the time legislation is passed, the state and national commissions for the protection of child rights should chalk out an action plan to raise awareness among children about their rights and the safe use of the internet.
The court's suggestion came against the backdrop of a Public Interest Litigation filed in 2018, which raised concerns that pornographic content is readily available online and the children can easily access it.
A bench of justices G Jayachandran and KK Ramakrishnan made the recommendation while hearing a Public Interest Litigation (PIL) filed by S Vijayakumar in 2018. The PIL sought a direction to internet service providers (ISPs) to provide ‘parental window’ service and to create awareness among the children through the authorities.
What did the court say
The judges underlined the high vulnerability of children exposed to the internet, while stressing that parents bear a greater responsibility in protecting them.
The court observed that control must be exercised at the user end, which can be achieved only if a parental control app is available on the device. Users should be made aware of the dangers of child pornography and the measures to prevent it. While individuals have the right to access or avoid such obnoxious material, the court stressed that children are more vulnerable, making parental responsibility even more important, the court said.
The judges said: "Centre may explore the possibility of passing legislation like Australia. Till such legislation is passed, the authorities concerned shall accelerate their awareness campaign more effectively, they shall take the message to the vulnerable group through all available media.”
What was the PIL about
The PIL was filed by S Vijayakumar of Madurai in 2018. It highlighted concerns over the easy availability and accessibility of pornographic content to young children. Vijayakumar called for the National Commission for Protection of Child Rights and the Tamil Nadu Commission for Protection of Child Rights to exercise their statutory powers to direct internet service providers (ISPs) to roll out a parental control window system and ramp up awareness efforts.
Vijayakumar’s counsel KPS Palanivel Rajan said "No doubt, certain awareness campaigns go around focusing children at schools. However, campaign is not adequate." Pointing to a new law enacted by the Australian government barring children below 16 from holding social media accounts, he said a similar legislation could be considered in India.
Meanwhile, advocate Chevanan Mohan, appearing for the ISPs, said that intermediaries periodically review the situation and, following the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, take necessary action, including blocking objectionable websites, whenever such content is brought to the notice of the ISPs concerned.
After hearing both the parties, the court made the recommendation of an Australia-like legislation to ban social media for children below 16.