High Court bats for Australia-like law banning social media for children below 16

The Madras High Court has suggested to the Centre explore the possibility of passing Australia-like legislation banning social media for children under the age of 16. The Madurai bench of the High Court also directed the authorities concerned to accelerate their awareness campaign more effectively and take the message to the vulnerable group through all available media till such a law comes into effect.

Australia, on December 10, became the first country in the world to ban social media for children under 16, a decision welcomed by many parents and child rights groups.

A bench comprising Justice G Jayachandran and Justice KK Ramakrishnan suggested this to the Centre while disposing of a Public Interest Litigation (PIL) raising the issue of easy availability of pornographic content to children on social media and seeking a direction to the authorities to implement the direction of the Centre to the internet service providers for providing “Parental Window” service and create awareness among the children.

Petitioner S Vijayakumar, while referring to the recent legislation passed by the Australian Government prohibiting use of the internet by children below the age of 16, argued that the Union of India may also pass similar legislation, emphasising that awareness of the stakeholders and parental windows on the device will substantially control the menace of obnoxious pornographic material accessible to the children.

The High Court noted that the National Commission for Protection of Child Rights and Tamil Nadu Commission for Protection of Child Rights have a statutory duty and responsibility to spread child rights literacy among various sections of the Society and promote awareness of the safeguards available for protection of these rights. It observed that certain awareness campaigns go around focusing on children in schools, however, these campaigns are not adequate.

The bench, taking note of the submissions made by counsel and an order passed by the Centre dated April 18, 2017, observed that a dynamically updated website – URLs containing online CSAM are available and active. However, there must also be control at the user's end, which can be achieved only if there is a parent control app available on the device and, compulsorily for the said purpose, the end users should be made aware of the menace of child pornography and measures to prevent it, it added.

"Union of India may explore possibility of passing legislation like Australia. Till such legislation is passed, the authorities concerned shall accelerate their awareness campaign more effectively, they shall take the message to the vulnerable group through all available medias. We hope that the Commission both at State and in Central will draw an action plan in this aspect and implement the same in letter and spirit," the bench said while disposing of the petition.

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