Indian Court Shifts Social Media Ban Decision to Government

India's High Court in Delhi has ruled that decisions regarding the banning or restriction of children's access to social media fall under government policy, not judicial decree. The court dismissed a public interest litigation (PIL) seeking such restrictions and measures against child sexual abuse material (CSAM).

The bench stated that dictating bans or restrictions is a policy decision for the government to make. It directed the government to consult with stakeholders, including social media companies, without setting a deadline. The PIL, filed by parents and a pediatrician, argued that unchecked online exposure violates children's rights and that existing voluntary measures are insufficient.

Discussions hosted by MediaNama with parents and experts highlighted key challenges with a potential ban. These included the practicalities of enforcement, effective age verification in India's diverse digital landscape, and the burden placed on families, particularly mothers with lower digital literacy. The effectiveness of parental controls was questioned in scenarios involving shared devices and children's ability to bypass restrictions.

Experts noted that the core harm stems not just from access but from platform design choices like infinite scroll and recommendation algorithms. They suggested regulatory approaches, such as the UK's Age-Appropriate Design Code, which mandates design changes to protect young users. This method targets harmful mechanics directly without cutting off internet access essential for education.

The court's decision places the onus on the government to develop a policy. The discussions suggest that outright bans and verification measures may be impractical, pointing towards design regulation as a potentially more effective, albeit untried, alternative.