Proposals to ban social media for minors are impractical and may push children to unsafe online spaces. Instead, stronger enforcement of existing laws, platform accountability, digital literacy, and a duty-of-care approach by companies offer a more effective way to protect children online.
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Context
Recent proposals by state governments, such as Karnataka, to restrict social media access for minors have ignited a national debate on the best approach to ensure child online safety.
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Read all about: SOCIAL MEDIA BAN INDIA l LEGALITY AND FEASIBILITY OF STATE-LED SOCIAL MEDIA BANS l FRANCE IS BANNING SOCIAL MEDIA FOR KIDS UNDER 15 YEARS l SOCIAL MEDIA REGULATION |
Rationale for Proposing a Ban
Protecting Mental Health
Strong correlation between high social media usage and mental health issues like anxiety and depression. A NIMHANS report indicated that 27% of teenagers in India show signs of social media dependency, leading to poor concentration.
Combating Digital Addiction
Platform designs with features like infinite scrolling and push notifications are engineered to encourage overuse, leading to problematic and addictive behaviour among adolescents.
Preventing Cyberbullying
Cyberbullying on social media platforms is a serious issue that can create deep and long-lasting psychological harm on children.
Exposure to Harmful Content
Unrestricted access exposes minors to age-inappropriate material, including violent content, pornography, and content promoting self-harm or eating disorders.
Why is Blanket Ban Considered Impractical?
Practical Unenforceability
Robust age verification is extremely difficult to implement. Children can easily bypass age-gating by falsifying their age or using a parent's account.
Constitutional & Jurisdictional Hurdles
Regulating the internet falls under the Union List, making a state-level ban legally challenging under the Information Technology Act, 2000. It also violates a child's right to information and expression, as recognised by the UN Convention on the Rights of the Child.
Risk of Driving Activity Underground
A ban would likely push children towards less-monitored, private, or encrypted platforms (like the 'dark web'), making it harder for parents and authorities to detect and intervene in cases of abuse.
Ignoring Digital Opportunities
The Internet offers immense benefits, including access to educational resources, platforms for creativity, and crucial social support networks, especially for marginalized youth (e.g., LGBTQ+ communities).
India's Current Legal Framework for Online Child Safety
IT Act, 2000 (Section 67B): Penalises the publishing or transmission of Child Sexual Abuse Material (CSAM).
IT Rules, 2021: Mandates that intermediaries exercise due diligence and prevent users from hosting content that is "harmful to a child." It also requires a grievance redressal mechanism.
POCSO Act, 2012: Law against sexual exploitation of minors, establishing strict liability where a minor's consent is legally immaterial in cases of sexual activity.
Digital Personal Data Protection (DPDP) Act 2023: Requires data fiduciaries to obtain "verifiable parental consent" before processing the data of persons under 18. It also prohibits tracking, behavioral monitoring, and targeted advertising directed at children.
Way Forward
Shift from Prohibition to Smart Regulation
Strictly implement the DPDP Act to ensure parental consent and 'safety by design' on all digital platforms.
Empowerment through Digital Literacy
Integrate digital citizenship and safety education into school curricula, as per National Education Policy (NEP) 2020, to build critical thinking skills.
Enforce Platform Accountability
Mandate highest privacy settings by default for minors, provide effective reporting tools, and redesign algorithms to prevent the amplification of dangerous material.
Equip Parents and Guardians
Launch campaigns to educate parents on guiding online behaviour, utilizing parental controls, and maintaining open communication about digital risks.
Conclusion
Outright social media bans are flawed and unenforceable. A better approach is a multi-stakeholder framework emphasizing smart regulation, platform accountability, and comprehensive digital literacy for children and parents.
Source: INDIANEXPRESS
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PRACTICE QUESTION Q. An outright ban on social media for children is an abdication of responsibility. The goal should not be prohibition but preparation. Elaborate. 150 words |
States are proposing these bans due to growing concerns over the negative impacts of social media on minors, including digital addiction, cyberbullying, exposure to harmful content, and a documented rise in mental health issues like anxiety and depression linked to excessive screen time.
A ban is practically unenforceable as children can easily circumvent age verification by falsifying their age or using a parent's account. It also risks pushing their online activities into unmonitored spaces like the "dark web," making it harder to protect them, and ignores the educational and social benefits of the internet.
The DPDP Act mandates that platforms must obtain "verifiable parental consent" before processing the personal data of anyone under 18. It also strictly prohibits the tracking, behavioral monitoring, or directing of targeted advertising towards children.
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