Madras High Court says Centre should consider 'Australia-like law' barring under-16 children from social media

The judges noted that while families play a critical role in monitoring children’s internet use, reliance on parental supervision alone is insufficient in the current digital environment.

• Madras High Court urges law to restrict social media for children under 16
• Court says parental supervision alone is not enough to protect minors online
• Authorities told to boost awareness campaigns until new legislation is enacted

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The Madras High Court has flagged the growing risks faced by minors online and suggested that the Union government examine the feasibility of a law on the lines of Australia’s recent move to restrict social media access for children below 16 years of age.

The remark came from a division bench of Justice G Jayachandran and Justice KK Ramakrishnan while closing a public interest litigation (PIL) that focused on protecting children from harmful digital content.

The judges noted that while families play a critical role in monitoring children’s internet use, reliance on parental supervision alone is insufficient in the current digital environment.

Referring to the vulnerability of minors, the bench said stronger systemic protections are needed. It urged authorities to act proactively until any new legislation is considered.

“Till such legislation is passed, the authorities concerned shall accelerate their awareness campaigns more effectively and take the message to vulnerable groups through all available media," the court said.

The PIL, instituted in 2018 by Madurai resident S Vijayakumar, highlighted how easily young children can encounter pornographic material online. The petition sought directions to multiple statutory bodies, including internet service providers (ISPs), to introduce effective parental control mechanisms and safeguards for minors. It also called for intervention by child protection authorities to curb online exposure that could be harmful to children.

During arguments, senior counsel representing the petitioner drew attention to Australia’s recently enacted law that bars social media usage by those under 16. The submission was that India could explore a comparable legal framework to strengthen digital safety for minors. The bench found merit in this argument and expressed dissatisfaction with the explanations offered by authorities.

According to the judges, the counter-affidavits placed on record did not adequately demonstrate that statutory duties were being fulfilled in a meaningful manner. This lack of assurance, the Court indicated, highlighted the need to rethink existing approaches to online child protection.

The court’s comments come at a time when countries worldwide are re-examining how social media platforms affect children and adolescents.

With debates intensifying over regulation and accountability, the Madras High Court’s observations add to the broader conversation on balancing digital access with child safety, while leaving the final decision on legislation to the Centre.