Chennai: The Madras High Court has urged the Union of India to examine the feasibility of introducing legislation that restricts children below the age of 16 from accessing social media platforms, drawing reference from Australia’s recently enacted regulatory framework.
The observation came from a division bench comprising Justices G. Jayachandran and K. K. Ramakrishnan on December 23, while disposing of a long-pending public interest litigation (PIL) that raised concerns over the unchecked availability of pornographic content on the internet and its impact on minors.
In its order, the court suggested that the Centre could explore a statutory approach similar to Australia, which has moved to bar under-16 users from social media services such as X, Facebook, Instagram and TikTok. Until such legislation is framed and enacted in India, the bench emphasised the need for immediate non-legislative intervention.
The court directed authorities to significantly strengthen public awareness campaigns, particularly targeting vulnerable groups, including children and adolescents. It noted that outreach must go beyond conventional messaging and utilise all available media platforms to ensure wider and more effective dissemination.
“We hope that the Commissions for Protection of Child Rights, both at the State and Central levels, will formulate a clear action plan in this regard and implement it in letter and spirit,” the bench observed, underscoring the urgency of coordinated institutional action.
The PIL was filed in 2018 by S. Vijayakumar, a resident of Madurai, who flagged the ease with which explicit online content could be accessed by children. The petition argued that the absence of effective digital safeguards posed serious risks to child safety and development in an increasingly internet-driven environment.
The petitioner sought directions to the National Commission for Protection of Child Rights and the Tamil Nadu Commission for Protection of Child Rights to exercise their statutory powers. Among the key demands was the introduction of a mandatory “parental window system” by internet service providers, alongside structured public awareness initiatives to educate parents and children about online risks.
While the court stopped short of issuing binding directions on social media access, its remarks are likely to reignite policy discussions around age-gated digital platforms, child online safety, and platform accountability—issues that carry significant implications for global technology companies operating in India.
The ruling comes at a time when governments worldwide are reassessing the social, psychological, and economic impact of unrestricted digital access for minors, placing India’s regulatory debate firmly within a broader global context.
