‘Consider Australia-Like Law To Bar Under-16s From Social Media’: Madras High Court

The Madras High Court has observed that the Centre may consider enacting an Australia-like law to ban children under the age of 16 from accessing social media, citing the growing vulnerability of minors to harmful online content.

The observation was made by a division bench comprising Justice G Jayachandran and Justice KK Ramakrishnan while disposing of a public interest litigation (PIL) that sought directions to internet service providers (ISPs) to offer parental window services to restrict access to pornographic content.

Acknowledging that children using the internet are highly vulnerable, the bench noted that the responsibility of parents is equally high. However, the judges underlined that stronger institutional safeguards are required and

suggested that the Centre explore the possibility of bringing legislation similar to that enacted by Australia, which recently prohibited social media use by children below 16 years of age.

“Till such legislation is passed, the authorities concerned shall accelerate their awareness campaigns more effectively and take the message to vulnerable groups through all available media,” the court said.

The PIL was filed in 2018 by S Vijayakumar, a resident of Madurai district, who raised concerns over the easy availability and accessibility of pornographic content to young children on the internet. The petition sought intervention by authorities, including the National Commission for Protection of Child Rights, to protect minors from online harm.

During the hearing, senior counsel appearing for the petitioner referred to the recent Australian legislation and argued that India could also consider a similar legal framework to safeguard children online. Accepting the submission, the bench remarked that the counter-affidavits filed by the authorities had failed to convince the court that they were adequately discharging their statutory responsibilities.

The court’s observations come amid increasing global debate on regulating children’s access to social media and strengthening digital safety mechanisms for minors.