Madurai: Can the Government of India impose a ban on the use of the internet by children below 16 years?
The Madras High Court has urged it to consider such a law on the lines of a similar move by Australia. That country has issued restrictions on the accessing of social media platforms by minors.
The observation was made by Justice G Jayachandran and Justice K K Ramakrishnan while hearing a Public Interest Litigation (PIL), seeking directions to Internet Service Providers (ISPs) to offer parental control or “parental window” services, citing the easy availability of pornographic content to young children.
The Union government could explore the possibility of enacting legislation similar to Australia’s, which restricts social media access for children below 16, the Court observed, as reported by News18.
The Court was hearing a PIL moved by S Vijayakumar from Madurai district in 2018. In his petition, Vijayakumar had raised concerns about the easy access to pornographic content, urging the National Commission for Protection of Child Rights (NCPCR) and the Tamil Nadu Commission for Protection of Child Rights to exercise their powers to direct ISPs to provide parental control systems and conduct awareness programmes.
0The court agreed that children face serious risks while using the internet and stressed that parents also have a greater responsibility in ensuring online safety.
“The central government can consider enacting a law similar to Australia’s social media ban. Until such a law is passed, authorities must strengthen awareness campaigns and ensure they reach vulnerable groups through all available media,” the bench said.
The senior counsel representing the petitioner referred to Australia’s recent decision to ban social media use for children under 16 during the hearing and suggested that India consider a similar approach. The judges noted that the counter-affidavit filed by the authorities failed to convince the court that they were effectively fulfilling their responsibilities under the law.
“It is the statutory duty of the commission to create awareness about children’s rights across all sections of society and to inform them about safety mechanisms available for protecting these rights. While some awareness programmes are conducted in schools, they are insufficient,” the court observed.
Under the recent law passed by Australia, platforms such as Facebook, Instagram, Threads, X, Snapchat, TikTok, Reddit, YouTube, Twitch, and others are required to remove accounts belonging to minors. The law, however, has sparked debate, with critics raising concerns over freedom of expression and digital rights.
