Consider Australia-like law to ban children under 16 from accessing social media: Madras HC

MADURAI: The Union govt may explore the possibility of drafting legislation similar to the one passed by the Australian govt prohibiting the use of social media by children below the age of 16, Madras high court has suggested.

A division bench of Justice G Jayachandran and Justice K K Ramakrishnan made the observations recently, while passing orders on a PIL seeking a direction to internet service providers (ISP) to provide parental window service since pornographic content is available and accessible to young children.


Conceding that the vulnerability of internet-using children is high, the judges said parents’ responsibility is higher. In that regard, “Centre may explore the 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 media,” the judges said.

The PIL filed in 2018 by S Vijayakumar of Madurai district expressed concern that pornographic content is available and easily accessible to young children. He wanted the National Commission for Protection of Child Rights and Tamil Nadu Commission for Protection of Child Rights, to invoke power vested with them and direct the ISPs to provide parental window system and create awareness among the people.

Senior counsel appearing for the petitioner referred to the recent legislation passed by the Australian govt prohibiting use of the internet by children below the age of 16 years and suggested that Centre could also enact similar legislation.

Acceding to the request, the judges said the counter-affidavits filed by the authorities concerned have not impressed the court that they are adequately discharging their responsibilities as mandated under the provisions of the Act. “The commission has a statutory duty and responsibility to spread child right literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights. Though certain awareness campaigns are organised focusing on children at schools, the same is not adequate,” the judges said.

As for the ISPs, they are governed by separate law. Counsel for some of the ISPs submitted that periodically the intermediaries review the situation and pursuant to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, necessary actions are taken whenever it is brought to the notice of the ISP concerned regarding objectionable websites, the said websites are blocked, the bench pointed out.

“The court understands that the URLs containing online child sexual abuse material are available and active. However, there must also be control at the user-end which can be achieved only if there is a parent control app available in the device. Compulsorily for the said purpose, the end-users should be made aware about the menace of child pornography and measures to prevent it. Ultimately, it is the individual’s choice and right to access such obnoxious material or to avoid it,” the judges said.

“We hope that the commissions both at Centre and state will draw an action plan in this aspect and implement the same in letter and spirit,” they said, disposing of the PIL.



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