The Delhi High Court on Thursday dismissed a Public Interest Litigation (PIL) seeking to restrict access to social media platforms for children aged 16 years and below, holding that the matter falls within the domain of policy formulation by the Central Government and not within the judicial remit to issue binding directions.
A division bench comprising Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora observed that the issue of regulating children's access to social media requires stakeholder consultation and policy deliberation, which courts are not equipped to undertake. The bench emphasised that it is not for the judiciary to prescribe bans or restrictions on specific platforms or content, stating that such decisions must be made by the executive after due consideration.
The petition was filed by Kirti Dua, a mother of a three-year-old child, and Dr Sharad Gupta, a paediatrician, who contended that despite the existence of legal frameworks such as the Information Technology Act, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, harmful content remains readily accessible to minors due to weak enforcement and inadequate safeguards by social media platforms.
The petitioners argued that unrestricted access to social media has led to rising instances of digital addiction among children, adversely impacting their mental, emotional, and physical well-being. They asserted that the failure of authorities to effectively regulate these platforms infringes upon the fundamental right to life under Article 21 of the Constitution and contradicts the State's duty to protect minor children.