Regulating Children's Access To Social Media In India: Towards A Rights-Calibrated Framework
- IJLLR Journal
- Jul 7
- 2 min read
Ashmita Shukla, LL.B. (Hons.), O.P. Jindal Global University.
ABSTRACT
India is home to more than 600 million internet users, a large proportion of whom are children who spend several hours each day on social media platforms. Despite this extensive engagement, the country does not yet have a dedicated legal framework regulating minors' access to social media. This paper examines how India can address this regulatory gap through a comparative study of three major international approaches: the outright ban model adopted by countries such as Australia and China, the parental consent framework followed in France, Denmark, and Brazil, and the platform accountability approach reflected in the European Union's Digital Services Act and emerging Canadian regulations.
The analysis demonstrates that each model faces important limitations. Complete bans are difficult to enforce and may drive children toward unregulated online spaces. Parental consent systems often struggle with verification and practical implementation. Accountability based regimes place significant responsibilities on regulatory institutions, requiring resources and capacities that many countries, including India, are still developing. The paper then evaluates India's existing legal framework, including the Information Technology Act, the Protection of Children from Sexual Offences Act, and the Digital Personal Data Protection Act, 2023, which is not yet fully operational. It also considers the judiciary's cautious approach toward intervening in this policy area.
Placing the discussion within India's constitutional framework, particularly Articles 15(3), 21, and 19(2), as well as the privacy principles established in K.S. Puttaswamy, the paper argues that neither blanket prohibitions nor unrestricted self regulation satisfy the requirements of proportionality. In response, it proposes a rights calibrated framework built on three core elements: a tiered system of age based access, platform centred accountability as the primary enforcement mechanism, and privacy preserving methods of age verification that avoid Aadhaar linked surveillance.
The paper concludes that India should not simply replicate foreign regulatory models. Instead, it should develop an approach that reflects its unique demographic scale, constitutional commitments, and technological realities. Any effective regulatory framework must be enforceable, rights conscious, and supported by long term investments in digital literacy and online safety awareness.
