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Child Protection Vs. Digital Freedom: A Legal Analysis Of Social Media Bans For Minors




Tannistha, National Law Institute University, Bhopal

Swabhiman Swarup, National Law University, Odisha


ABSTRACT


Social media is an indispensable part of modern life, particularly for minors, who utilize these platforms for self-expression, education, and social interaction.1 However, the risks posed by unregulated access—including cyberbullying, data exploitation, online grooming, and exposure to harmful content—have led governments to explore regulatory measures such as social media bans for minors. This paper critically examines the legal and ethical implications of such measures, focusing on global case studies from Australia, the United States, and India. It evaluates whether social media bans align with constitutional rights, international child protection standards, and principles of proportionality. The analysis highlights that while these measures are often well-intentioned, they may disproportionately infringe on minors’ digital freedoms, such as freedom of expression and privacy. The paper proposes alternatives, including enhanced digital literacy programs, robust regulatory oversight, and collaborative approaches that balance child protection with minors’ autonomy. By addressing the complexities of this debate, the research underscores the need for nuanced and inclusive policy frameworks that prioritize the best interests of children without unduly restricting their rights.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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