Breaking: Supreme Court Refuses To Entertain Plea Seeking Social Media Ban For Children Below 13 Years; Says Issue Falls Within Realm Of Policy-Making

The Supreme Court today refused to entertain a Writ Petition filed under Article 32 of the Constitution of India seeking immediate judicial intervention to regulate and restrict access of children below 13 years of age to social media platforms.

The petition highlights an "unprecedented mental health crisis" among minors due to excessive digital exposure and urges the Court to enforce stringent regulatory measures.

The Bench of Justice BR Gavai and Justice AG Masiah observed that the issue falls within the realm of policy-making and directed the petitioners to approach the government with their concerns.

During the hearing, the Counsel for the petitioner argued that the matter involved a "pressing concern" regarding children's mental health and the risks posed by unregulated digital exposure.

The Counsel highlighted that while the Digital Personal Data Protection Rules contain provisions for parental supervision, such measures were inadequate. Instead, the petitioners urged the Court to direct the government to implement strict age verification mechanisms to prevent underage children from accessing social media.

"We have sent several representations; in fact, the Digital Personal Data Protection Rule has a provision, but what that provision says that there has to be some parental supervision. This is not an issue of some 'parental supervision.' We need some strict age verification mechanism here," the Counsel submitted.

However, Justice Gavai remarked that the matter was a policy issue and should be addressed by the Parliament.

"We are not inclined to entertain the present petition," he observed.

The petitioners then sought permission to make a formal representation to the relevant authorities.

In its order, the Court granted the petitioner permission to submit a representation to the government, directing that if such a representation is made, it shall be considered in accordance with the law within eight weeks.

"Inasmuch as the relief sought is within the domain of policy. We therefore, grant the petitioner, permission to make a representation to the respondent authority. If such a representation is made, the same would be considered in accordance with law, within a period of eight weeks," the Court ordered.

About the Petition

The Writ Petition filed through AoR Mohini Priya argued that unrestricted access to social media by young children constitutes a grave violation of their fundamental rights under Article 21, as the right to life extends to mental well-being, dignity, and healthy development. Citing alarming statistics, the petition underscored the rise in depression, anxiety, self-harm, and suicides among minors, linking it directly to excessive screen time and algorithm-driven addiction.

According to reports, India has over 462 million active social media users, with 30% of the population between 4 and 18 years of age, making children highly vulnerable to digital exploitation and psychological harm. A study by Social Media Matters found that a significant percentage of young users spend more than five hours daily on social media, consuming content designed to induce compulsive scrolling behavior.

The petition referenced a Maharashtra-based report indicating that 17% of children aged 9-17 spend over six hours daily on social media or gaming platforms, leading to declining academic performance, cognitive impairments, and long-term neurodevelopmental issues. It also cited neurological research establishing that excessive social media consumption overstimulates dopamine pathways, mimicking the effects of substance addiction, impairing focus, and increasing susceptibility to anxiety disorders and depression.

Call for Complete Ban on Social Media for Children Below 13

The petition urged the Supreme Court to impose an absolute prohibition on social media access for children below 13 years of age, arguing that they lack the cognitive maturity to navigate the risks of the digital world. It highlighted international precedents, pointing to strict statutory prohibitions in Australia, the United Kingdom, and several U.S. states like Florida aimed at curbing social media addiction among minors.

The petition suggested implementing mandatory biometric-based age verification, digital literacy campaigns for parents, and strict penalties for non-compliance by social media platforms failing to enforce protective measures. It criticized India's existing regulatory framework under the Digital Personal Data Protection Act, 2023 (DPDP Act), stating that parental consent measures are inadequate and easily bypassed, allowing underage users to access social media unchecked.

Social media giants like Facebook and Instagram (owned by Meta) currently impose a 13+ age restriction, but enforcement remains weak, with underage accounts being flagged only upon user reports rather than proactive authentication. The petition argued that such a reactive approach fails to address the fundamental issue of children’s unmonitored access to social media.

Judicial Scrutiny and Need for Immediate Action

Emphasizing that unregulated social media exposure is a crisis of national significance, the plea urged the Court to implement a comprehensive and enforceable regulatory framework to safeguard minors. It called for proactive enforcement mechanisms, including age authentication tools, to prevent children under 13 from creating accounts.

With rising concerns over the long-term psychological and cognitive harm caused by excessive social media usage, the petition urged the Court to take decisive action to protect the nation’s children from irreversible damage.

Prayers

The Prayers sought in the petition are as follows:

1. Directing the Respondents to impose a statutory prohibition on social media usage for children below 13 years of age in view of the severe physical, mental, and psychological impact of social media on young minds;

2. Directing the Respondents to incorporate provisions of mandatory parental controls for children between 13-18 years of age. including real-time monitoring tools, strict age verification and content restrictions in the Draft Digital Personal Data Protection Rules proposed to be passed under the Draft Digital Personal Data Protection Act, 2023;

3. Directing the Respondents to mandate the introduction of robust age verification systems, such as biometric authentication, to regulate children's access to social media platforms.

4. Directing the Respondents to implement strict penalties for social media platforms failing to comply with child protection regulations.

5. Direct social media platforms to implement algorithmic safeguards that prevent the targeting of minors with addictive content.

6. Directing the Respondents to launch a nationwide digital literacy campaign to educate parents, teachers, and students on the harmful effects of excessive social media consumption.

Cause Title: Zep Foundation v. Union of India [Diary No. - 8128/2025]