Today, On 4th April, The Supreme Court refused to consider a plea seeking a social media ban for children under 13. It said that such matters should be handled by the government, not the court. The petition claimed that too much screen time is causing a mental health crisis among children. It urged stricter rules, but the court left the decision to policymakers.
New Delhi: The Supreme Court today declined to entertain a Writ Petition filed under Article 32 of the Constitution of India, which sought immediate judicial intervention to regulate and restrict access to social media platforms for children under 13 years of age.
The petition highlighted an “unprecedented mental health crisis among minors attributed to excessive digital exposure and called for stringent regulatory measures.”
The Bench, comprising Justices BR Gavai and AG Masiah, determined that the issue falls under the domain of policy-making and advised the petitioners to present their concerns to the government.
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During the hearing, the petitioner’s counsel argued that the matter represented a “pressing concern” regarding children’s mental health and the dangers associated with unregulated digital exposure.
The counsel pointed out that while the Digital Personal Data Protection Rules include provisions for parental supervision, these measures are insufficient. The petitioners urged the Court to direct the government to implement strict age verification processes to prevent underage access to social media.
The counsel asserted,
“We have sent several representations; in fact, the Digital Personal Data Protection Rule has a provision, but what that provision says is 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,”
However, Justice Gavai remarked that this matter should be addressed by Parliament, stating,
“We are not inclined to entertain the present petition.”
The petitioners then requested permission to make a formal representation to the relevant authorities. The Court granted this request, allowing the petitioners to submit their representation to the government, directing that it be considered in accordance with the law within eight weeks.
The Court ordered,
“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 Writ Petition, filed through AoR Mohini Priya, argued that unrestricted access to social media by young children constitutes a serious violation of their fundamental rights under Article 21, as the right to life encompasses mental well-being, dignity, and healthy development.
Citing alarming statistics, the petition underscored the rising rates of depression, anxiety, self-harm, and suicides among minors, linking these issues directly to excessive screen time and algorithm-driven addiction. Reports indicate that India has over 462 million active social media users, with 30% of the population between the ages of 4 and 18, rendering children highly vulnerable to digital exploitation and psychological harm.
A study by Social Media Matters revealed that a significant percentage of young users spend more than five hours daily on social media, consuming content designed to encourage compulsive scrolling behavior.
The petition referenced a report from Maharashtra 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 showing that excessive social media use overstimulates dopamine pathways, resembling the effects of substance addiction, which impairs focus and increases susceptibility to anxiety disorders and depression.
The petition called for a total ban on social media access for children under 13, arguing that they lack the cognitive maturity to navigate the risks of the digital world. It pointed to international precedents, including 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 proposed implementing mandatory biometric age verification, digital literacy campaigns for parents, and strict penalties for social media platforms that fail 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 circumvented, allowing underage users to access social media unchecked.
While social media giants like Facebook and Instagram (owned by Meta) impose a 13+ age restriction, enforcement is weak, with underage accounts being flagged only upon user reports rather than proactive verification.
Emphasizing that unregulated exposure to social media is a national crisis, the plea urged the Court to implement a comprehensive and enforceable regulatory framework to protect minors. It called for proactive enforcement mechanisms, including age authentication tools, to prevent children under 13 from creating accounts.
With growing concerns over the long-term psychological and cognitive harm caused by excessive social media use, the petition urged the Court to take decisive action to safeguard the nation’s children from irreversible damage.
The prayers sought in the petition include:
- Directing the Respondents to initiate a nationwide digital literacy campaign to educate parents, teachers, and students about the harmful effects of excessive social media consumption.
- Directing the Respondents to impose a statutory prohibition on social media usage for children below 13 years of age due to the severe physical, mental, and psychological impact on young minds.
- Directing the Respondents to include provisions for mandatory parental controls for children aged 13-18, such as real-time monitoring tools, strict age verification, and content restrictions in the Draft Digital Personal Data Protection Rules proposed under the Draft Digital Personal Data Protection Act, 2023.
- Directing the Respondents to mandate robust age verification systems, such as biometric authentication, to regulate children’s access to social media platforms.
- Directing the Respondents to enforce strict penalties for social media platforms that fail to comply with child protection regulations.
- Directing social media platforms to implement algorithmic safeguards to prevent the targeting of minors with addictive content.
Case Title: Zep Foundation v. Union of India [Diary No. – 8128/2025]