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Regulation Of Social Media For Children In India: A Legal And Empirical Analysis




Mr. Keshav Vats, VSLLS, VIPS-TC, GGSIPU


ABSTRACT


Children’s access to social media in India remains largely unregulated, with no single, comprehensive statute specifically governing their use of digital platforms. While existing laws such as the Information Technology Act, 2000, the Protection of Children from Sexual Offences Act, 2012, and data protection frameworks address certain forms of online harm, they do not directly regulate age-based access to social media platforms. This research paper examines the need for a dedicated legal framework to regulate children’s access to social media in India, focusing on concerns relating to mental well-being, privacy, and online safety. The study involves empirical research conducted through a survey method among parents, legal guardians, and non-parent individuals. The findings reveal a broad consensus among respondents on the need for legal intervention to regulate children’s access to social media platforms, with a clear preference for age-based and proportionate regulation over unrestricted access. The paper further undertakes a comparative analysis of international approaches adopted by jurisdictions such as Australia, the European Union, the United Kingdom, and the United States, which have introduced varying degrees of regulation to safeguard children in digital spaces. Judicial developments in India demonstrate repeated acknowledgment of the risks posed to children online, while consistently deferring access based regulation to the legislature as a matter of policy. It is imperative that a legislation regulating children’s access to social media is introduced as the absence of clear legal framework has exposed them to risks which existing laws and platforms safeguards are unable to address.


Keywords: Social Media, Online Harm, Digital Safety, Age-based Access.



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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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.

 

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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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