Delhi High Court: The Delhi High Court refused to intervene in a Public Interest Litigation (PIL) seeking a ban or regulation on children’s use of social media. The court stated that the matter of restricting or regulating children’s social media usage is a policy issue, and the decision-making authority lies with the Central Government. The High Court clarified that it cannot direct the government to formulate a policy or impose a ban on social media usage in this regard. The bench observed that the government should take an appropriate decision on such matters after considering all aspects.
A bench comprising Justice V. Kameswar Rao and Justice Manmeet PS Arora directed that the petition be treated as a representation to the Central Government. During the hearing, the bench clarified that issuing directives to ban or regulate children’s social media usage is not the court’s function. The court reiterated that this is a policy matter to be decided by the government. The bench asked the petitioner’s counsel to allow the Central Government the opportunity to consider the issue. While the court asked the authorities to pass appropriate orders in this regard, it declined to set a specific timeframe for doing so.
Demands made in the PIL
In the PIL, the petitioner had sought a direction from the Delhi High Court to the Central Government to consider formulating laws or guidelines to ban social media usage for children under the age of 13. The petition advocated for the implementation of age-specific rules to protect children from the potential adverse effects of social media. Additionally, the petitioner sought the creation of a framework to regulate social media content for children aged between 13 and 16.
‘A new law might be required’
During the hearing, Nidhi Raman, the counsel representing the Central Government, stated that the issue of banning or regulating children’s social media usage is a matter for consideration at the level of the Central Government. She noted that enacting a new law might be necessary to implement such provisions. Nidhi Raman informed the court that any restrictions or regulations regarding social media usage could have far-reaching implications. Therefore, extensive consultations with relevant stakeholders would be necessary before making any decision. The Centre also stated that the petitioner’s request could be treated as a formal representation to the government.
Reference Made to the Personal Data Protection Act
During the hearing, the bench asked the counsel for the Central Government whether any steps had been taken following the Supreme Court’s earlier order on this issue. In response, the government stated that the Digital Personal Data Protection Act has been enacted. This law includes provisions for safeguarding children’s online privacy. Meanwhile, the petitioner’s counsel expressed concern regarding the presence of Child Sexual Abuse Material (CSAM) on social media platforms. They urged the court to direct the Central Government to make a decision on the issues raised in the petition within a stipulated timeframe.
Meta Informs Court of Steps Taken to Remove CSAM Content
During the hearing, the senior advocate representing Meta Platforms assured the Delhi High Court that the company is continuously taking measures to curb Child Sexual Abuse Material (CSAM) on its platforms. The court was informed that approximately 600,000 posts related to CSAM were removed from Facebook last year, while around 200,000 such posts were removed from Instagram. Meta stated that necessary actions are being taken to identify and remove such objectionable content from the platforms.
