India is considering amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules to stop persons below 18 years from opening social media accounts. The proposal was placed before the Supreme Court of India on 29 September 2026 in a matter linked to a plea by the NGO Just Rights for Children Alliance.
Information Technology Rules and Intermediaries
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules are subordinate legislation under the Information Technology Act, 2000. Intermediaries under Indian law include social media platforms, internet service providers, and online marketplaces that host or transmit third-party content.
The proposed change seeks to make it a statutory duty for intermediaries to prevent minors from creating social media accounts. The existing framework already regulates intermediary conduct, content moderation, and due diligence obligations in India.
Minors and Contract Law in India
Indian contract law treats a person below 18 years as a minor, and a minor cannot independently enter into a valid contract. The Indian Contract Act, 1872, makes agreements with minors void ab initio, which is the legal basis cited in the court proceedings on digital account creation.
Social media registration usually involves acceptance of terms of service, privacy policies, and user agreements. These agreements are contractual in nature and require legal capacity under Indian law.
Age Verification and Parental Consent
The proposed framework distinguishes between social media platforms and educational websites. Educational websites may permit registration by minors with parental consent, while social media platforms may be required to set 18 years as the minimum age for independent registration.
The Centre has indicated that the new measures will be statutory rather than voluntary. The stated aim is to ensure compliance by intermediaries under Indian rules instead of relying only on platform-level policies.
Important Facts for Exams
- The Information Technology Act, 2000 is the parent law for India’s intermediary rules.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules govern due diligence by online intermediaries.
- A minor under Indian contract law is a person below 18 years of age.
- Contracts entered into by minors are void ab initio under Indian law.
The Supreme Court bench in this matter was headed by Chief Justice of India Surya Kant and included Justices Joymalya Bagchi and V Mohana. The proposed amendment is aimed at restricting independent social media account creation by minors and not at banning internet access for persons below 18 years.
